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GOVERNMENT CODE
SECTION 13332-13332.19



13332.  The Controller, at the request of a state institution,
department, board, bureau, commission, officer, employee or other
agency for which an appropriation is made, may transfer, under
procedures established by the Department of Finance, up to 10 percent
of any appropriation made to each entity, to an account established
for each entity within the State Expenditure Revolving Fund, which is
hereby created for the purpose of the payment of payroll and other
claims which costs are to be subsequently charged to the
appropriations made to each entity in accordance with any provisions
or schedule set forth in the appropriations. No transfers in excess
of 10 percent from any one appropriation may be made without the
prior joint approval of the Department of Finance and the Controller.
   All state entities shall submit, to the Department of Finance, a
statement of financial adjustment to the State Expenditure Revolving
Fund no later than 30 days following the transaction month. No state
entity shall deposit funds in the State Expenditure Revolving Fund
from local assistance or capital outlay appropriations or in excess
of 10 percent of any appropriation made to the agency unless prior
approval is given by the Director of Finance and the Controller.
   Notwithstanding Sections 16310 and 16314, the Controller may
transfer, as necessary, from the State Expenditure Revolving Fund to
the General Fund whatever amounts are needed to meet cash needs of
the General Fund. The Controller shall return all moneys so
transferred without payment of interest as soon as there are
sufficient moneys in the General Fund.
   Transfers made by the Controller shall be available for the same
term as the appropriation from which the transfer was made. All
undisbursed funds shall be returned to the appropriations from which
they are transferred and are subject to Section 16304.1.



13332.01.  Any state agency which collects funds from the federal
government shall include in the collections, amounts to offset
federally allowed statewide indirect costs, as determined by the
Department of Finance, except where prohibited by federal statutes.




13332.02.  All funds recovered from the federal government to offset
statewide indirect costs shall be transferred to the Central Service
Cost Recovery Fund or to the unappropriated surplus of the General
Fund in a manner prescribed by the Department of Finance, unless
expenditure of the funds is authorized by the Department of Finance.
No authorization may become effective sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, may in each instance
determine. If in the judgment of the Director of Finance, a state
agency has not transferred the funds on a timely basis, the director
may certify to the Controller the amount that the agency should have
transferred to the Central Service Cost Recovery Fund or the General
Fund, and the Controller shall transfer the funds to the Central
Service Cost Recovery Fund or the General Fund.




13332.03.  Whenever an appropriation has not been made to provide
for recovery of general administrative costs pursuant to Article 2
(commencing with Section 11270) of Chapter 3 of Part 1, a sufficient
sum for that purpose shall be transferred from each affected fund by
the Controller to the Central Service Cost Recovery Fund or the
unappropriated surplus of the General Fund in accordance with
subdivision (b) of Section 11274. The Controller shall make transfers
pursuant to this section only upon order of the Director of Finance.



13332.05.  No funds may be encumbered for paying a civil service
employee a salary which is above the maximum of the salary range of
the employee's present classification for a period of more than 90
calendar days following termination of a career executive assignment
appointment. The intent of the Legislature in permitting payment
above the maximum of the salary range for the 90-day period is to
facilitate the employee's adjustment to a lower salary level. The
provisions of this section shall not apply with respect to an
employee who accepted any career executive assignment appointment on
or after June 20, 1976, and before July 1, 1977, and any employee
meeting that requirement, who is otherwise eligible, shall receive a
salary rate pursuant to the provisions of Rule 548.25, adopted by the
State Personnel Board on May 18, 1976, based upon the highest career
executive assignment level held by the employee during that period.



13332.06.  The California Coastal Commission, without regard to
fiscal year, shall not be subject to the Statewide Cost Allocation
Plan for statewide indirect costs established pursuant to Sections
13332.01 and 13332.02.


13332.07.  No funds shall be used to purchase furnishings for any
house, mobilehome, or apartment of three or more rooms other than a
dormitory that is rented to a state employee. This provision shall
not apply to the purchase of refrigerators, heaters, air-conditioning
equipment, stoves, linoleum, or equipment normally furnished in the
construction of a house, as may be determined by the Department of
Personnel Administration. It is the intent of the Legislature that
furnishings are not to be provided by the state and that no moneys
shall 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 for
acquisition or replacement of motor vehicles shall be issued against
any appropriation until the Department of General Services has
investigated and established the necessity therefor.
   (b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
   (c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
   (d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
   (e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
   (f) As used in this section:
   (1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
   (2) "State agency" means a state agency, as defined pursuant to
Section 11000. The University of California is requested and
encouraged to have the Department of General Services perform the
tasks identified in this section with respect to the acquisition or
replacement of motor vehicles by the University of California.
   (g) The Trustees of the California State University shall, by June
30, 2008, and on or before June 30 of each year thereafter, report
to the Legislature on their motor vehicle procurement, including all
of the following:
   (1) An inventory of motor vehicles by campus, that includes the
type of vehicle, consistent with the fleet report to the Department
of General Services.
   (2) The number of motor vehicles purchased during the prior fiscal
year, disaggregated by campus and type of vehicle.
   (3) The average amount of time taken to complete procurement of
each motor vehicle purchased during the prior fiscal year.
   (4) Any changes in policies or procedures made during the prior
fiscal year relative to motor vehicle procurement and contracts for
procurement and identifying any vehicles procured pursuant to the new
policy or procedure.
   (5) The estimated cost savings associated with management by the
California State University of motor vehicle procurement, including
average time to complete procurements, reduced administrative costs,
reduced charges paid to the Department of General Services, and
competitive 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, that
is enacted and becomes operative before July 1, 2012, deletes or
extends that date.



13332.09.  (a) No purchase order or other form of documentation for
acquisition or replacement of motor vehicles shall be issued against
any appropriation until the Department of General Services has
investigated and established the necessity therefor.
   (b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
   (c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
   (d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
   (e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
   (f) As used in this section:
   (1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
   (2) "State agency" means a state agency, as defined pursuant to
Section 11000, and each campus of the California State University.
The University of California is requested and encouraged to have the
Department of General Services perform the tasks identified in this
section with respect to the acquisition or replacement of motor
vehicles 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 a
lease agreement between the state and another entity, public or
private, in which the state is lessee if the agreement is to be for
the lease of a building or building space, or both, which will be for
the occupancy of any agency or agencies of the state with a firm
lease period of five years or longer and an annual rental in excess
of ten thousand dollars ($10,000), unless not less than 30 days prior
to entering into the lease the Director of General Services notifies
the chairperson of the committee in each house which considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, in writing of the director's
intention to enter into the agreement, or not sooner than such lesser
time as the Chairperson of the Joint Legislative Budget Committee,
or his or her designee, may in each instance determine. No funds
appropriated in any Budget Act may be encumbered or expended for any
lease entered into on or after July 1, 1979, for office space in the
County of Sacramento unless all solicitations for leases for office
space in the County of Sacramento under the above-described
conditions contain the statement, "The state is anticipating capital
construction in the City of Sacramento and intends to eventually
reduce 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 state
agency, including the University of California, the California State
University, the California Community Colleges, and the Judicial
Council until the Department of Finance and the State Public Works
Board have approved preliminary plans for the project to be funded
from 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 other
lesser interest.
   (B) Amounts for equipment or minor capital outlay projects.
   (C) Amounts appropriated for preliminary plans, surveys, and
studies.
   (b) Notwithstanding subdivision (a), approvals by the State Public
Works Board and the Department of Finance for the University of
California and the California Community Colleges shall apply only to
the allocation of state capital outlay funds appropriated by the
Legislature, including land acquisition and equipment funds.
   (c) Any appropriated amounts for working drawings or construction
where the working drawings or construction have been started by any
state agency prior to approval of the preliminary plans by the State
Public Works Board shall be reverted to the fund from which the
appropriation was made, as approved by the Department of Finance. No
major project for which a capital outlay appropriation is made shall
be put out to bid until the working drawings have been approved by
the Department of Finance. No substantial change shall be made to the
approved preliminary plans or approved working drawings without
written approval by the Department of Finance. Any proposed
construction bid alternates shall be approved by the Department of
Finance.
   (d) The Department of Finance shall approve the use of funds from
a capital outlay appropriation for the purchase of any significant
unit of equipment.
   (e) The State Public Works Board may augment a major project in an
amount of up to 20 percent of the total of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. For projects authorized through multiple
fund sources, including, but not limited to, general obligation bonds
and lease-revenue bonds, to the extent otherwise permissible, the
Department of Finance shall have full authority to determine which of
the fund sources will bear all or part of an augmentation. The board
shall defer all augmentations in excess of 20 percent of the amount
appropriated for each capital outlay project until the Legislature
makes additional funds available for the specific project.
   (f) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The board may use
this amount to augment the project, when and if necessary, after the
lease revenue bonds are sold to assure completion of the project.
Upon completion of the project, any amount remaining in the
construction reserve funds shall be used to offset rental payments.
   (g) Augmentations in excess of 10 percent of the amount
appropriated for each capital outlay project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
   (h) (1) The Department of Finance may change the administratively
or legislatively approved scope for major capital outlay projects.
   (2) If the Department of Finance changes the approved scope
pursuant to paragraph (1), the department shall report the changes
and associated cost implications to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative advisers of the State Public
Works Board 20 days prior to the proposed board action to recognize
the scope change.
   (i) The State Public Works Board shall defer action with respect
to approval of an acquisition project, when it is determined that the
estimated cost of the total acquisition project, as approved by the
Legislature is in excess of 20 percent of the amount appropriated,
unless it is determined that a lesser portion of the property is
sufficient to meet the objectives of the project approved by the
Legislature, and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, is provided a 20-day prior
notification 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 of
the Joint Legislative Budget Committee, the chairpersons of the
respective fiscal committees, and legislative advisers of the State
Public Works Board 20 days prior to the proposed board approval of
preliminary plans when it is determined that the estimated cost of
the total capital outlay construction project is in excess of 20
percent of the amount recognized by the Legislature.
   (k) Nothing in this section shall be construed to limit or control
the Department of Transportation or the California Exposition and
State Fair in the expenditure of all funds appropriated to the
department for capital outlay purposes.



13332.11.1.  Notwithstanding Section 13332.11, the expenditure by
the Department of Water Resources of funds appropriated pursuant to
Section 5096.821 or 75032 of the Public Resources Code is not subject
to the approval of the State Public Works Board if either of the
following 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 the
United States Army Corps of Engineers.
   (2) Obtains engineering review of the proposed project from an
independent board of consultants for any project with a construction
cost exceeding five million dollars ($5,000,000).
   (3) Provides a written report to the Reclamation Board.
   (4) Provides information on the project expenditure to the
Legislature in a semiannual report due on April 1 and October 1 each
year.
   (5) Provides written notification to the Legislature if funds are
made available by Section 75032 of the Public Resources Code to pay a
project cost increase for which the Legislature has not otherwise
been notified in writing.



13332.12.  (a) Any acquisition of land or other real property
authorized in any appropriation, except an appropriation from the
California Water Fund and an appropriation to the Department of
Transportation for capital outlay purposes, shall be subject to the
provisions of the Property Acquisition Law. Nothing in this section
shall be construed as exempting the California Coastal Commission
from this section.
   (b) All property acquisitions, including those exempted pursuant
to subdivision (a), shall be reported to the State Public Works
Board.


13332.13.  The Controller may not disburse funds from any
appropriation for acquisition made to the Department of Parks and
Recreation to pay for any property rights, however secured or
received, until the State Public Works Board has approved the
transaction. In addition, the Attorney General and the Department of
General Services shall inform the State Public Works Board of every
action in inverse condemnation served upon either or both of them,
which pertains to any acquisition for the state park system, by
placing an item on the board's agenda.


13332.14.  No expenditures for park furnishings shall be made unless
the Department of Parks and Recreation has made reasonable efforts
to acquire the furnishings on a consolidated procurement basis or
through California Conservation Corps labor.



13332.15.  No appropriation may be combined or used in any manner to
avoid budgeting the salary or operating expenses of any position or
to achieve any purpose which has been denied by any formal action of
the Legislature.


13332.16.  This article shall not apply to appropriations to the
Legislature, the Legislative Counsel Bureau, the Bureau of State
Audits, the California Commission on Uniform State Laws, or the
California Law Revision Commission.


13332.17.  Purchase estimates for supplies or equipment submitted to
the Department of General Services pursuant to Section 10311 of the
Public Contract Code received during the last 90 days of a fiscal
year and for which a purchase order award is pending at the end of
that fiscal year, may be awarded during the initial 90 days of the
subsequent fiscal year. The 90-day period shall be extended
commensurate with the time required to resolve any protest filed
pursuant to Section 10306 of the Public Contract Code.
   Notwithstanding any other provision of law and regardless of the
date of receipt of the materials, supplies or equipment, the date of
expenditure and encumbrance for a purchase authorized by this section
shall be construed to be the last day of the fiscal year in which
the purchase estimate is received by the department. A purchase order
awarded in accordance with the provisions of this section shall cite
this section and the actual date of award.



13332.18.  (a) Notwithstanding any other provision of law, and
except as specified in subdivision (b), revenues derived from the
assessment of fines and penalties by any state agency shall not be
expended unless the Legislature specifically provides authority for
the expenditure of these funds in the annual Budget Act or other
legislation. A fine or penalty is a charge imposed by an agency or
department for wrongdoing, in excess of the cost of investigating,
processing, or prosecuting the conduct for which the charge is
assessed, or the cost of collecting it. A charge reasonably related
to a service provided by a department or agency is not a fine or
penalty 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 to
this section that are deposited in that fund for General Fund
purposes is prohibited by the California Constitution or the United
States Constitution.
   (2) Late charges collected by state agencies.
   (3) Funds collected by a state agency that are required to be
maintained by that agency for purposes of administration of a federal
program.
   (4) A fund established for restitution to victims of the conduct
for which the fine or penalty was imposed or for repairing damage to
the environment caused by the conduct for which the fine or penalty
was imposed.
   (5) The following funds, though the omission of any other fund
from the list contained in this paragraph shall not be grounds for
inferring 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 Training
Fund.
   (G) The Victim-Witness Injury Fund.
   (H) The Traumatic Brain Injury Fund.
   (I) The Industrial Relations Construction Industry Enforcement
Fund.
   (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 Transportation
Tax Fund.
   (R) Funds for programs established pursuant to the Food and
Agricultural Code that can be terminated through an industry
referendum vote.
   (c) For the purposes of this section, revenues derived from the
assessment of fines and penalties includes interest accrued from the
assessment of the fines and penalties.



13332.19.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Design-build" means a construction procurement process in
which both the design and construction of a project are procured from
a single entity.
   (2) "Design-build project" means a capital outlay project using
the design-build construction procurement process.
   (3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed.
   (4) "Design-build solicitation package" means the performance
criteria, any concept drawings, the form of contract, and all other
documents and information that serve as the basis on which bids or
proposals will be solicited from the design-build entities.
   (5) "Design-build phase" means the period following the award of a
contract to a design-build entity in which the design-build entity
completes the design and construction activities necessary to fully
complete the project in compliance with the terms of the contract.
   (6) "Performance criteria" means the information that fully
describes the scope of the proposed project and includes, but is not
limited to, the size, type, and design character of the buildings and
site; the required form, fit, function, operational requirements,
and quality of design, materials, equipment, and workmanship; and any
other information deemed necessary to sufficiently describe the
state's needs.
   (7) "Concept drawings" means any schematic drawings or
architectural renderings that are prepared, in addition to
performance criteria, in such detail as is necessary to sufficiently
describe the state's needs.
   (b) Except as otherwise specified in paragraphs (1) to (4),
inclusive, no funds appropriated for a design-build project may be
expended by any state agency, including, but not limited to, the
University of California, the California State University, the
California Community Colleges, and the Judicial Council, until the
Department of Finance and the State Public Works Board have approved
performance criteria or performance criteria and concept drawings for
the project.
   This section shall not apply to any of the following:
   (1) Amounts for acquisition of real property, in fee or any lesser
interest.
   (2) Amounts for equipment or minor capital outlay projects.
   (3) Amounts appropriated for performance criteria and concept
drawings.
   (4) Amounts appropriated for preliminary plans, if the
appropriation was made prior to January 1, 2005.
   (c) Any appropriated amounts for the design-build phase of a
design-build project, where funds have been expended on the
design-build phase by any state agency prior to the approval of the
performance criteria or the performance criteria and concept drawings
by the State Public Works Board, and all amounts not approved by the
board under this section shall be reverted to the fund from which
the appropriation was made. No design-build project for which a
capital outlay appropriation is made shall be put out to design-build
solicitation until the bid package has been approved by the
Department of Finance. No substantial change shall be made to the
performance criteria or to performance criteria and concept drawings
as approved by the board and the Department of Finance without
written approval by the Department of Finance. Any proposed bid or
proposal alternates set forth in the design-build solicitation
package shall be approved by the Department of Finance.
   (d) The State Public Works Board may augment a design-build
project in an amount of up to 20 percent of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. For projects authorized through multiple
fund sources, including, but not limited to, general obligation bonds
and lease-revenue bonds, to the extent permissible, the Department
of Finance shall have full authority to determine which of the fund
sources will bear all or part of an augmentation. The board shall
defer all augmentations in excess of 20 percent of the amount
appropriated for each design-build project until the Legislature
makes additional funds available for the specific project.
   (e) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The board may use
this amount to augment the project, when and if necessary, after the
lease-revenue bonds are sold to assure completion of the project.
Upon completion of the project, any amount remaining in the
construction reserve fund shall be used to offset rental payments.
   (f) Any augmentation in excess of 10 percent of the amounts
appropriated for each design-build project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
   (g) (1) The Department of Finance may change the administratively
or legislatively approved scope for major design-build projects.
   (2) If the Department of Finance changes the approved scope
pursuant to paragraph (1), the department shall report the changes
and associated cost implications to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative members of the State Public
Works Board 20 days prior to the proposed board action to recognize
the scope change.
   (h) The Department of Finance shall report to the Chairperson of
the Joint Legislative Budget Committee, the chairpersons of the
respective fiscal committees, and the legislative members of the
State Public Works Board 20 days prior to the proposed board approval
of performance criteria or performance criteria and concept drawings
for any project when it is determined that the estimated cost of the
total design-build project is in excess of 20 percent of the amount
recognized by the Legislature.


State Codes and Statutes

Statutes > California > Gov > 13332-13332.19

GOVERNMENT CODE
SECTION 13332-13332.19



13332.  The Controller, at the request of a state institution,
department, board, bureau, commission, officer, employee or other
agency for which an appropriation is made, may transfer, under
procedures established by the Department of Finance, up to 10 percent
of any appropriation made to each entity, to an account established
for each entity within the State Expenditure Revolving Fund, which is
hereby created for the purpose of the payment of payroll and other
claims which costs are to be subsequently charged to the
appropriations made to each entity in accordance with any provisions
or schedule set forth in the appropriations. No transfers in excess
of 10 percent from any one appropriation may be made without the
prior joint approval of the Department of Finance and the Controller.
   All state entities shall submit, to the Department of Finance, a
statement of financial adjustment to the State Expenditure Revolving
Fund no later than 30 days following the transaction month. No state
entity shall deposit funds in the State Expenditure Revolving Fund
from local assistance or capital outlay appropriations or in excess
of 10 percent of any appropriation made to the agency unless prior
approval is given by the Director of Finance and the Controller.
   Notwithstanding Sections 16310 and 16314, the Controller may
transfer, as necessary, from the State Expenditure Revolving Fund to
the General Fund whatever amounts are needed to meet cash needs of
the General Fund. The Controller shall return all moneys so
transferred without payment of interest as soon as there are
sufficient moneys in the General Fund.
   Transfers made by the Controller shall be available for the same
term as the appropriation from which the transfer was made. All
undisbursed funds shall be returned to the appropriations from which
they are transferred and are subject to Section 16304.1.



13332.01.  Any state agency which collects funds from the federal
government shall include in the collections, amounts to offset
federally allowed statewide indirect costs, as determined by the
Department of Finance, except where prohibited by federal statutes.




13332.02.  All funds recovered from the federal government to offset
statewide indirect costs shall be transferred to the Central Service
Cost Recovery Fund or to the unappropriated surplus of the General
Fund in a manner prescribed by the Department of Finance, unless
expenditure of the funds is authorized by the Department of Finance.
No authorization may become effective sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, may in each instance
determine. If in the judgment of the Director of Finance, a state
agency has not transferred the funds on a timely basis, the director
may certify to the Controller the amount that the agency should have
transferred to the Central Service Cost Recovery Fund or the General
Fund, and the Controller shall transfer the funds to the Central
Service Cost Recovery Fund or the General Fund.




13332.03.  Whenever an appropriation has not been made to provide
for recovery of general administrative costs pursuant to Article 2
(commencing with Section 11270) of Chapter 3 of Part 1, a sufficient
sum for that purpose shall be transferred from each affected fund by
the Controller to the Central Service Cost Recovery Fund or the
unappropriated surplus of the General Fund in accordance with
subdivision (b) of Section 11274. The Controller shall make transfers
pursuant to this section only upon order of the Director of Finance.



13332.05.  No funds may be encumbered for paying a civil service
employee a salary which is above the maximum of the salary range of
the employee's present classification for a period of more than 90
calendar days following termination of a career executive assignment
appointment. The intent of the Legislature in permitting payment
above the maximum of the salary range for the 90-day period is to
facilitate the employee's adjustment to a lower salary level. The
provisions of this section shall not apply with respect to an
employee who accepted any career executive assignment appointment on
or after June 20, 1976, and before July 1, 1977, and any employee
meeting that requirement, who is otherwise eligible, shall receive a
salary rate pursuant to the provisions of Rule 548.25, adopted by the
State Personnel Board on May 18, 1976, based upon the highest career
executive assignment level held by the employee during that period.



13332.06.  The California Coastal Commission, without regard to
fiscal year, shall not be subject to the Statewide Cost Allocation
Plan for statewide indirect costs established pursuant to Sections
13332.01 and 13332.02.


13332.07.  No funds shall be used to purchase furnishings for any
house, mobilehome, or apartment of three or more rooms other than a
dormitory that is rented to a state employee. This provision shall
not apply to the purchase of refrigerators, heaters, air-conditioning
equipment, stoves, linoleum, or equipment normally furnished in the
construction of a house, as may be determined by the Department of
Personnel Administration. It is the intent of the Legislature that
furnishings are not to be provided by the state and that no moneys
shall 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 for
acquisition or replacement of motor vehicles shall be issued against
any appropriation until the Department of General Services has
investigated and established the necessity therefor.
   (b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
   (c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
   (d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
   (e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
   (f) As used in this section:
   (1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
   (2) "State agency" means a state agency, as defined pursuant to
Section 11000. The University of California is requested and
encouraged to have the Department of General Services perform the
tasks identified in this section with respect to the acquisition or
replacement of motor vehicles by the University of California.
   (g) The Trustees of the California State University shall, by June
30, 2008, and on or before June 30 of each year thereafter, report
to the Legislature on their motor vehicle procurement, including all
of the following:
   (1) An inventory of motor vehicles by campus, that includes the
type of vehicle, consistent with the fleet report to the Department
of General Services.
   (2) The number of motor vehicles purchased during the prior fiscal
year, disaggregated by campus and type of vehicle.
   (3) The average amount of time taken to complete procurement of
each motor vehicle purchased during the prior fiscal year.
   (4) Any changes in policies or procedures made during the prior
fiscal year relative to motor vehicle procurement and contracts for
procurement and identifying any vehicles procured pursuant to the new
policy or procedure.
   (5) The estimated cost savings associated with management by the
California State University of motor vehicle procurement, including
average time to complete procurements, reduced administrative costs,
reduced charges paid to the Department of General Services, and
competitive 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, that
is enacted and becomes operative before July 1, 2012, deletes or
extends that date.



13332.09.  (a) No purchase order or other form of documentation for
acquisition or replacement of motor vehicles shall be issued against
any appropriation until the Department of General Services has
investigated and established the necessity therefor.
   (b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
   (c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
   (d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
   (e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
   (f) As used in this section:
   (1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
   (2) "State agency" means a state agency, as defined pursuant to
Section 11000, and each campus of the California State University.
The University of California is requested and encouraged to have the
Department of General Services perform the tasks identified in this
section with respect to the acquisition or replacement of motor
vehicles 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 a
lease agreement between the state and another entity, public or
private, in which the state is lessee if the agreement is to be for
the lease of a building or building space, or both, which will be for
the occupancy of any agency or agencies of the state with a firm
lease period of five years or longer and an annual rental in excess
of ten thousand dollars ($10,000), unless not less than 30 days prior
to entering into the lease the Director of General Services notifies
the chairperson of the committee in each house which considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, in writing of the director's
intention to enter into the agreement, or not sooner than such lesser
time as the Chairperson of the Joint Legislative Budget Committee,
or his or her designee, may in each instance determine. No funds
appropriated in any Budget Act may be encumbered or expended for any
lease entered into on or after July 1, 1979, for office space in the
County of Sacramento unless all solicitations for leases for office
space in the County of Sacramento under the above-described
conditions contain the statement, "The state is anticipating capital
construction in the City of Sacramento and intends to eventually
reduce 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 state
agency, including the University of California, the California State
University, the California Community Colleges, and the Judicial
Council until the Department of Finance and the State Public Works
Board have approved preliminary plans for the project to be funded
from 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 other
lesser interest.
   (B) Amounts for equipment or minor capital outlay projects.
   (C) Amounts appropriated for preliminary plans, surveys, and
studies.
   (b) Notwithstanding subdivision (a), approvals by the State Public
Works Board and the Department of Finance for the University of
California and the California Community Colleges shall apply only to
the allocation of state capital outlay funds appropriated by the
Legislature, including land acquisition and equipment funds.
   (c) Any appropriated amounts for working drawings or construction
where the working drawings or construction have been started by any
state agency prior to approval of the preliminary plans by the State
Public Works Board shall be reverted to the fund from which the
appropriation was made, as approved by the Department of Finance. No
major project for which a capital outlay appropriation is made shall
be put out to bid until the working drawings have been approved by
the Department of Finance. No substantial change shall be made to the
approved preliminary plans or approved working drawings without
written approval by the Department of Finance. Any proposed
construction bid alternates shall be approved by the Department of
Finance.
   (d) The Department of Finance shall approve the use of funds from
a capital outlay appropriation for the purchase of any significant
unit of equipment.
   (e) The State Public Works Board may augment a major project in an
amount of up to 20 percent of the total of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. For projects authorized through multiple
fund sources, including, but not limited to, general obligation bonds
and lease-revenue bonds, to the extent otherwise permissible, the
Department of Finance shall have full authority to determine which of
the fund sources will bear all or part of an augmentation. The board
shall defer all augmentations in excess of 20 percent of the amount
appropriated for each capital outlay project until the Legislature
makes additional funds available for the specific project.
   (f) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The board may use
this amount to augment the project, when and if necessary, after the
lease revenue bonds are sold to assure completion of the project.
Upon completion of the project, any amount remaining in the
construction reserve funds shall be used to offset rental payments.
   (g) Augmentations in excess of 10 percent of the amount
appropriated for each capital outlay project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
   (h) (1) The Department of Finance may change the administratively
or legislatively approved scope for major capital outlay projects.
   (2) If the Department of Finance changes the approved scope
pursuant to paragraph (1), the department shall report the changes
and associated cost implications to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative advisers of the State Public
Works Board 20 days prior to the proposed board action to recognize
the scope change.
   (i) The State Public Works Board shall defer action with respect
to approval of an acquisition project, when it is determined that the
estimated cost of the total acquisition project, as approved by the
Legislature is in excess of 20 percent of the amount appropriated,
unless it is determined that a lesser portion of the property is
sufficient to meet the objectives of the project approved by the
Legislature, and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, is provided a 20-day prior
notification 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 of
the Joint Legislative Budget Committee, the chairpersons of the
respective fiscal committees, and legislative advisers of the State
Public Works Board 20 days prior to the proposed board approval of
preliminary plans when it is determined that the estimated cost of
the total capital outlay construction project is in excess of 20
percent of the amount recognized by the Legislature.
   (k) Nothing in this section shall be construed to limit or control
the Department of Transportation or the California Exposition and
State Fair in the expenditure of all funds appropriated to the
department for capital outlay purposes.



13332.11.1.  Notwithstanding Section 13332.11, the expenditure by
the Department of Water Resources of funds appropriated pursuant to
Section 5096.821 or 75032 of the Public Resources Code is not subject
to the approval of the State Public Works Board if either of the
following 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 the
United States Army Corps of Engineers.
   (2) Obtains engineering review of the proposed project from an
independent board of consultants for any project with a construction
cost exceeding five million dollars ($5,000,000).
   (3) Provides a written report to the Reclamation Board.
   (4) Provides information on the project expenditure to the
Legislature in a semiannual report due on April 1 and October 1 each
year.
   (5) Provides written notification to the Legislature if funds are
made available by Section 75032 of the Public Resources Code to pay a
project cost increase for which the Legislature has not otherwise
been notified in writing.



13332.12.  (a) Any acquisition of land or other real property
authorized in any appropriation, except an appropriation from the
California Water Fund and an appropriation to the Department of
Transportation for capital outlay purposes, shall be subject to the
provisions of the Property Acquisition Law. Nothing in this section
shall be construed as exempting the California Coastal Commission
from this section.
   (b) All property acquisitions, including those exempted pursuant
to subdivision (a), shall be reported to the State Public Works
Board.


13332.13.  The Controller may not disburse funds from any
appropriation for acquisition made to the Department of Parks and
Recreation to pay for any property rights, however secured or
received, until the State Public Works Board has approved the
transaction. In addition, the Attorney General and the Department of
General Services shall inform the State Public Works Board of every
action in inverse condemnation served upon either or both of them,
which pertains to any acquisition for the state park system, by
placing an item on the board's agenda.


13332.14.  No expenditures for park furnishings shall be made unless
the Department of Parks and Recreation has made reasonable efforts
to acquire the furnishings on a consolidated procurement basis or
through California Conservation Corps labor.



13332.15.  No appropriation may be combined or used in any manner to
avoid budgeting the salary or operating expenses of any position or
to achieve any purpose which has been denied by any formal action of
the Legislature.


13332.16.  This article shall not apply to appropriations to the
Legislature, the Legislative Counsel Bureau, the Bureau of State
Audits, the California Commission on Uniform State Laws, or the
California Law Revision Commission.


13332.17.  Purchase estimates for supplies or equipment submitted to
the Department of General Services pursuant to Section 10311 of the
Public Contract Code received during the last 90 days of a fiscal
year and for which a purchase order award is pending at the end of
that fiscal year, may be awarded during the initial 90 days of the
subsequent fiscal year. The 90-day period shall be extended
commensurate with the time required to resolve any protest filed
pursuant to Section 10306 of the Public Contract Code.
   Notwithstanding any other provision of law and regardless of the
date of receipt of the materials, supplies or equipment, the date of
expenditure and encumbrance for a purchase authorized by this section
shall be construed to be the last day of the fiscal year in which
the purchase estimate is received by the department. A purchase order
awarded in accordance with the provisions of this section shall cite
this section and the actual date of award.



13332.18.  (a) Notwithstanding any other provision of law, and
except as specified in subdivision (b), revenues derived from the
assessment of fines and penalties by any state agency shall not be
expended unless the Legislature specifically provides authority for
the expenditure of these funds in the annual Budget Act or other
legislation. A fine or penalty is a charge imposed by an agency or
department for wrongdoing, in excess of the cost of investigating,
processing, or prosecuting the conduct for which the charge is
assessed, or the cost of collecting it. A charge reasonably related
to a service provided by a department or agency is not a fine or
penalty 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 to
this section that are deposited in that fund for General Fund
purposes is prohibited by the California Constitution or the United
States Constitution.
   (2) Late charges collected by state agencies.
   (3) Funds collected by a state agency that are required to be
maintained by that agency for purposes of administration of a federal
program.
   (4) A fund established for restitution to victims of the conduct
for which the fine or penalty was imposed or for repairing damage to
the environment caused by the conduct for which the fine or penalty
was imposed.
   (5) The following funds, though the omission of any other fund
from the list contained in this paragraph shall not be grounds for
inferring 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 Training
Fund.
   (G) The Victim-Witness Injury Fund.
   (H) The Traumatic Brain Injury Fund.
   (I) The Industrial Relations Construction Industry Enforcement
Fund.
   (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 Transportation
Tax Fund.
   (R) Funds for programs established pursuant to the Food and
Agricultural Code that can be terminated through an industry
referendum vote.
   (c) For the purposes of this section, revenues derived from the
assessment of fines and penalties includes interest accrued from the
assessment of the fines and penalties.



13332.19.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Design-build" means a construction procurement process in
which both the design and construction of a project are procured from
a single entity.
   (2) "Design-build project" means a capital outlay project using
the design-build construction procurement process.
   (3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed.
   (4) "Design-build solicitation package" means the performance
criteria, any concept drawings, the form of contract, and all other
documents and information that serve as the basis on which bids or
proposals will be solicited from the design-build entities.
   (5) "Design-build phase" means the period following the award of a
contract to a design-build entity in which the design-build entity
completes the design and construction activities necessary to fully
complete the project in compliance with the terms of the contract.
   (6) "Performance criteria" means the information that fully
describes the scope of the proposed project and includes, but is not
limited to, the size, type, and design character of the buildings and
site; the required form, fit, function, operational requirements,
and quality of design, materials, equipment, and workmanship; and any
other information deemed necessary to sufficiently describe the
state's needs.
   (7) "Concept drawings" means any schematic drawings or
architectural renderings that are prepared, in addition to
performance criteria, in such detail as is necessary to sufficiently
describe the state's needs.
   (b) Except as otherwise specified in paragraphs (1) to (4),
inclusive, no funds appropriated for a design-build project may be
expended by any state agency, including, but not limited to, the
University of California, the California State University, the
California Community Colleges, and the Judicial Council, until the
Department of Finance and the State Public Works Board have approved
performance criteria or performance criteria and concept drawings for
the project.
   This section shall not apply to any of the following:
   (1) Amounts for acquisition of real property, in fee or any lesser
interest.
   (2) Amounts for equipment or minor capital outlay projects.
   (3) Amounts appropriated for performance criteria and concept
drawings.
   (4) Amounts appropriated for preliminary plans, if the
appropriation was made prior to January 1, 2005.
   (c) Any appropriated amounts for the design-build phase of a
design-build project, where funds have been expended on the
design-build phase by any state agency prior to the approval of the
performance criteria or the performance criteria and concept drawings
by the State Public Works Board, and all amounts not approved by the
board under this section shall be reverted to the fund from which
the appropriation was made. No design-build project for which a
capital outlay appropriation is made shall be put out to design-build
solicitation until the bid package has been approved by the
Department of Finance. No substantial change shall be made to the
performance criteria or to performance criteria and concept drawings
as approved by the board and the Department of Finance without
written approval by the Department of Finance. Any proposed bid or
proposal alternates set forth in the design-build solicitation
package shall be approved by the Department of Finance.
   (d) The State Public Works Board may augment a design-build
project in an amount of up to 20 percent of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. For projects authorized through multiple
fund sources, including, but not limited to, general obligation bonds
and lease-revenue bonds, to the extent permissible, the Department
of Finance shall have full authority to determine which of the fund
sources will bear all or part of an augmentation. The board shall
defer all augmentations in excess of 20 percent of the amount
appropriated for each design-build project until the Legislature
makes additional funds available for the specific project.
   (e) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The board may use
this amount to augment the project, when and if necessary, after the
lease-revenue bonds are sold to assure completion of the project.
Upon completion of the project, any amount remaining in the
construction reserve fund shall be used to offset rental payments.
   (f) Any augmentation in excess of 10 percent of the amounts
appropriated for each design-build project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
   (g) (1) The Department of Finance may change the administratively
or legislatively approved scope for major design-build projects.
   (2) If the Department of Finance changes the approved scope
pursuant to paragraph (1), the department shall report the changes
and associated cost implications to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative members of the State Public
Works Board 20 days prior to the proposed board action to recognize
the scope change.
   (h) The Department of Finance shall report to the Chairperson of
the Joint Legislative Budget Committee, the chairpersons of the
respective fiscal committees, and the legislative members of the
State Public Works Board 20 days prior to the proposed board approval
of performance criteria or performance criteria and concept drawings
for any project when it is determined that the estimated cost of the
total design-build project is in excess of 20 percent of the amount
recognized by the Legislature.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 13332-13332.19

GOVERNMENT CODE
SECTION 13332-13332.19



13332.  The Controller, at the request of a state institution,
department, board, bureau, commission, officer, employee or other
agency for which an appropriation is made, may transfer, under
procedures established by the Department of Finance, up to 10 percent
of any appropriation made to each entity, to an account established
for each entity within the State Expenditure Revolving Fund, which is
hereby created for the purpose of the payment of payroll and other
claims which costs are to be subsequently charged to the
appropriations made to each entity in accordance with any provisions
or schedule set forth in the appropriations. No transfers in excess
of 10 percent from any one appropriation may be made without the
prior joint approval of the Department of Finance and the Controller.
   All state entities shall submit, to the Department of Finance, a
statement of financial adjustment to the State Expenditure Revolving
Fund no later than 30 days following the transaction month. No state
entity shall deposit funds in the State Expenditure Revolving Fund
from local assistance or capital outlay appropriations or in excess
of 10 percent of any appropriation made to the agency unless prior
approval is given by the Director of Finance and the Controller.
   Notwithstanding Sections 16310 and 16314, the Controller may
transfer, as necessary, from the State Expenditure Revolving Fund to
the General Fund whatever amounts are needed to meet cash needs of
the General Fund. The Controller shall return all moneys so
transferred without payment of interest as soon as there are
sufficient moneys in the General Fund.
   Transfers made by the Controller shall be available for the same
term as the appropriation from which the transfer was made. All
undisbursed funds shall be returned to the appropriations from which
they are transferred and are subject to Section 16304.1.



13332.01.  Any state agency which collects funds from the federal
government shall include in the collections, amounts to offset
federally allowed statewide indirect costs, as determined by the
Department of Finance, except where prohibited by federal statutes.




13332.02.  All funds recovered from the federal government to offset
statewide indirect costs shall be transferred to the Central Service
Cost Recovery Fund or to the unappropriated surplus of the General
Fund in a manner prescribed by the Department of Finance, unless
expenditure of the funds is authorized by the Department of Finance.
No authorization may become effective sooner than 30 days after
notification in writing of the necessity therefor to the chairperson
of the committee in each house that considers appropriations and the
Chairperson of the Joint Legislative Budget Committee, or not sooner
than whatever lesser time the Chairperson of the Joint Legislative
Budget Committee, or his or her designee, may in each instance
determine. If in the judgment of the Director of Finance, a state
agency has not transferred the funds on a timely basis, the director
may certify to the Controller the amount that the agency should have
transferred to the Central Service Cost Recovery Fund or the General
Fund, and the Controller shall transfer the funds to the Central
Service Cost Recovery Fund or the General Fund.




13332.03.  Whenever an appropriation has not been made to provide
for recovery of general administrative costs pursuant to Article 2
(commencing with Section 11270) of Chapter 3 of Part 1, a sufficient
sum for that purpose shall be transferred from each affected fund by
the Controller to the Central Service Cost Recovery Fund or the
unappropriated surplus of the General Fund in accordance with
subdivision (b) of Section 11274. The Controller shall make transfers
pursuant to this section only upon order of the Director of Finance.



13332.05.  No funds may be encumbered for paying a civil service
employee a salary which is above the maximum of the salary range of
the employee's present classification for a period of more than 90
calendar days following termination of a career executive assignment
appointment. The intent of the Legislature in permitting payment
above the maximum of the salary range for the 90-day period is to
facilitate the employee's adjustment to a lower salary level. The
provisions of this section shall not apply with respect to an
employee who accepted any career executive assignment appointment on
or after June 20, 1976, and before July 1, 1977, and any employee
meeting that requirement, who is otherwise eligible, shall receive a
salary rate pursuant to the provisions of Rule 548.25, adopted by the
State Personnel Board on May 18, 1976, based upon the highest career
executive assignment level held by the employee during that period.



13332.06.  The California Coastal Commission, without regard to
fiscal year, shall not be subject to the Statewide Cost Allocation
Plan for statewide indirect costs established pursuant to Sections
13332.01 and 13332.02.


13332.07.  No funds shall be used to purchase furnishings for any
house, mobilehome, or apartment of three or more rooms other than a
dormitory that is rented to a state employee. This provision shall
not apply to the purchase of refrigerators, heaters, air-conditioning
equipment, stoves, linoleum, or equipment normally furnished in the
construction of a house, as may be determined by the Department of
Personnel Administration. It is the intent of the Legislature that
furnishings are not to be provided by the state and that no moneys
shall 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 for
acquisition or replacement of motor vehicles shall be issued against
any appropriation until the Department of General Services has
investigated and established the necessity therefor.
   (b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
   (c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
   (d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
   (e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
   (f) As used in this section:
   (1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
   (2) "State agency" means a state agency, as defined pursuant to
Section 11000. The University of California is requested and
encouraged to have the Department of General Services perform the
tasks identified in this section with respect to the acquisition or
replacement of motor vehicles by the University of California.
   (g) The Trustees of the California State University shall, by June
30, 2008, and on or before June 30 of each year thereafter, report
to the Legislature on their motor vehicle procurement, including all
of the following:
   (1) An inventory of motor vehicles by campus, that includes the
type of vehicle, consistent with the fleet report to the Department
of General Services.
   (2) The number of motor vehicles purchased during the prior fiscal
year, disaggregated by campus and type of vehicle.
   (3) The average amount of time taken to complete procurement of
each motor vehicle purchased during the prior fiscal year.
   (4) Any changes in policies or procedures made during the prior
fiscal year relative to motor vehicle procurement and contracts for
procurement and identifying any vehicles procured pursuant to the new
policy or procedure.
   (5) The estimated cost savings associated with management by the
California State University of motor vehicle procurement, including
average time to complete procurements, reduced administrative costs,
reduced charges paid to the Department of General Services, and
competitive 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, that
is enacted and becomes operative before July 1, 2012, deletes or
extends that date.



13332.09.  (a) No purchase order or other form of documentation for
acquisition or replacement of motor vehicles shall be issued against
any appropriation until the Department of General Services has
investigated and established the necessity therefor.
   (b) A state agency may not acquire surplus mobile equipment from
any source for program support until the Department of General
Services has investigated and established the necessity therefor.
   (c) Notwithstanding any other provision of law, all contracts for
the acquisition of motor vehicles or general use mobile equipment for
a state agency shall be made by or under the supervision of the
Department of General Services. Pursuant to Section 10298 of the
Public Contract Code, the Department of General Services may collect
a fee to offset the cost of the services provided.
   (d) All passenger-type motor vehicles purchased for state officers
and employees, except constitutional officers, shall be
American-made vehicles of the light class, as defined by the
California Victim Compensation and Government Claims Board, unless
excepted by the Director of General Services on the basis of unusual
requirements, including, but not limited to, use by the California
Highway Patrol, that would justify the need for a motor vehicle of a
heavier class.
   (e) No general use mobile equipment having an original purchase
price of twenty-five thousand dollars ($25,000) or more shall be
rented or leased from a nonstate source and payment therefor made
from any appropriation for the use of the Department of
Transportation, without the prior approval of the Department of
General Services after a determination that comparable state-owned
equipment is not available, unless obtaining approval would endanger
life or property, in which case the transaction and the justification
for not having sought prior approval shall be reported immediately
thereafter to the Department of General Services.
   (f) As used in this section:
   (1) "General use mobile equipment" means equipment that is listed
in the Mobile Equipment Inventory of the State Equipment Council and
that is capable of being used by more than one state agency, and
shall not be deemed to refer to equipment having a practical use
limited to the controlling state agency only. Section 575 of the
Vehicle Code shall have no application to this section.
   (2) "State agency" means a state agency, as defined pursuant to
Section 11000, and each campus of the California State University.
The University of California is requested and encouraged to have the
Department of General Services perform the tasks identified in this
section with respect to the acquisition or replacement of motor
vehicles 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 a
lease agreement between the state and another entity, public or
private, in which the state is lessee if the agreement is to be for
the lease of a building or building space, or both, which will be for
the occupancy of any agency or agencies of the state with a firm
lease period of five years or longer and an annual rental in excess
of ten thousand dollars ($10,000), unless not less than 30 days prior
to entering into the lease the Director of General Services notifies
the chairperson of the committee in each house which considers
appropriations and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, in writing of the director's
intention to enter into the agreement, or not sooner than such lesser
time as the Chairperson of the Joint Legislative Budget Committee,
or his or her designee, may in each instance determine. No funds
appropriated in any Budget Act may be encumbered or expended for any
lease entered into on or after July 1, 1979, for office space in the
County of Sacramento unless all solicitations for leases for office
space in the County of Sacramento under the above-described
conditions contain the statement, "The state is anticipating capital
construction in the City of Sacramento and intends to eventually
reduce 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 state
agency, including the University of California, the California State
University, the California Community Colleges, and the Judicial
Council until the Department of Finance and the State Public Works
Board have approved preliminary plans for the project to be funded
from 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 other
lesser interest.
   (B) Amounts for equipment or minor capital outlay projects.
   (C) Amounts appropriated for preliminary plans, surveys, and
studies.
   (b) Notwithstanding subdivision (a), approvals by the State Public
Works Board and the Department of Finance for the University of
California and the California Community Colleges shall apply only to
the allocation of state capital outlay funds appropriated by the
Legislature, including land acquisition and equipment funds.
   (c) Any appropriated amounts for working drawings or construction
where the working drawings or construction have been started by any
state agency prior to approval of the preliminary plans by the State
Public Works Board shall be reverted to the fund from which the
appropriation was made, as approved by the Department of Finance. No
major project for which a capital outlay appropriation is made shall
be put out to bid until the working drawings have been approved by
the Department of Finance. No substantial change shall be made to the
approved preliminary plans or approved working drawings without
written approval by the Department of Finance. Any proposed
construction bid alternates shall be approved by the Department of
Finance.
   (d) The Department of Finance shall approve the use of funds from
a capital outlay appropriation for the purchase of any significant
unit of equipment.
   (e) The State Public Works Board may augment a major project in an
amount of up to 20 percent of the total of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. For projects authorized through multiple
fund sources, including, but not limited to, general obligation bonds
and lease-revenue bonds, to the extent otherwise permissible, the
Department of Finance shall have full authority to determine which of
the fund sources will bear all or part of an augmentation. The board
shall defer all augmentations in excess of 20 percent of the amount
appropriated for each capital outlay project until the Legislature
makes additional funds available for the specific project.
   (f) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The board may use
this amount to augment the project, when and if necessary, after the
lease revenue bonds are sold to assure completion of the project.
Upon completion of the project, any amount remaining in the
construction reserve funds shall be used to offset rental payments.
   (g) Augmentations in excess of 10 percent of the amount
appropriated for each capital outlay project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
   (h) (1) The Department of Finance may change the administratively
or legislatively approved scope for major capital outlay projects.
   (2) If the Department of Finance changes the approved scope
pursuant to paragraph (1), the department shall report the changes
and associated cost implications to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative advisers of the State Public
Works Board 20 days prior to the proposed board action to recognize
the scope change.
   (i) The State Public Works Board shall defer action with respect
to approval of an acquisition project, when it is determined that the
estimated cost of the total acquisition project, as approved by the
Legislature is in excess of 20 percent of the amount appropriated,
unless it is determined that a lesser portion of the property is
sufficient to meet the objectives of the project approved by the
Legislature, and the Chairperson of the Joint Legislative Budget
Committee, or his or her designee, is provided a 20-day prior
notification 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 of
the Joint Legislative Budget Committee, the chairpersons of the
respective fiscal committees, and legislative advisers of the State
Public Works Board 20 days prior to the proposed board approval of
preliminary plans when it is determined that the estimated cost of
the total capital outlay construction project is in excess of 20
percent of the amount recognized by the Legislature.
   (k) Nothing in this section shall be construed to limit or control
the Department of Transportation or the California Exposition and
State Fair in the expenditure of all funds appropriated to the
department for capital outlay purposes.



13332.11.1.  Notwithstanding Section 13332.11, the expenditure by
the Department of Water Resources of funds appropriated pursuant to
Section 5096.821 or 75032 of the Public Resources Code is not subject
to the approval of the State Public Works Board if either of the
following 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 the
United States Army Corps of Engineers.
   (2) Obtains engineering review of the proposed project from an
independent board of consultants for any project with a construction
cost exceeding five million dollars ($5,000,000).
   (3) Provides a written report to the Reclamation Board.
   (4) Provides information on the project expenditure to the
Legislature in a semiannual report due on April 1 and October 1 each
year.
   (5) Provides written notification to the Legislature if funds are
made available by Section 75032 of the Public Resources Code to pay a
project cost increase for which the Legislature has not otherwise
been notified in writing.



13332.12.  (a) Any acquisition of land or other real property
authorized in any appropriation, except an appropriation from the
California Water Fund and an appropriation to the Department of
Transportation for capital outlay purposes, shall be subject to the
provisions of the Property Acquisition Law. Nothing in this section
shall be construed as exempting the California Coastal Commission
from this section.
   (b) All property acquisitions, including those exempted pursuant
to subdivision (a), shall be reported to the State Public Works
Board.


13332.13.  The Controller may not disburse funds from any
appropriation for acquisition made to the Department of Parks and
Recreation to pay for any property rights, however secured or
received, until the State Public Works Board has approved the
transaction. In addition, the Attorney General and the Department of
General Services shall inform the State Public Works Board of every
action in inverse condemnation served upon either or both of them,
which pertains to any acquisition for the state park system, by
placing an item on the board's agenda.


13332.14.  No expenditures for park furnishings shall be made unless
the Department of Parks and Recreation has made reasonable efforts
to acquire the furnishings on a consolidated procurement basis or
through California Conservation Corps labor.



13332.15.  No appropriation may be combined or used in any manner to
avoid budgeting the salary or operating expenses of any position or
to achieve any purpose which has been denied by any formal action of
the Legislature.


13332.16.  This article shall not apply to appropriations to the
Legislature, the Legislative Counsel Bureau, the Bureau of State
Audits, the California Commission on Uniform State Laws, or the
California Law Revision Commission.


13332.17.  Purchase estimates for supplies or equipment submitted to
the Department of General Services pursuant to Section 10311 of the
Public Contract Code received during the last 90 days of a fiscal
year and for which a purchase order award is pending at the end of
that fiscal year, may be awarded during the initial 90 days of the
subsequent fiscal year. The 90-day period shall be extended
commensurate with the time required to resolve any protest filed
pursuant to Section 10306 of the Public Contract Code.
   Notwithstanding any other provision of law and regardless of the
date of receipt of the materials, supplies or equipment, the date of
expenditure and encumbrance for a purchase authorized by this section
shall be construed to be the last day of the fiscal year in which
the purchase estimate is received by the department. A purchase order
awarded in accordance with the provisions of this section shall cite
this section and the actual date of award.



13332.18.  (a) Notwithstanding any other provision of law, and
except as specified in subdivision (b), revenues derived from the
assessment of fines and penalties by any state agency shall not be
expended unless the Legislature specifically provides authority for
the expenditure of these funds in the annual Budget Act or other
legislation. A fine or penalty is a charge imposed by an agency or
department for wrongdoing, in excess of the cost of investigating,
processing, or prosecuting the conduct for which the charge is
assessed, or the cost of collecting it. A charge reasonably related
to a service provided by a department or agency is not a fine or
penalty 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 to
this section that are deposited in that fund for General Fund
purposes is prohibited by the California Constitution or the United
States Constitution.
   (2) Late charges collected by state agencies.
   (3) Funds collected by a state agency that are required to be
maintained by that agency for purposes of administration of a federal
program.
   (4) A fund established for restitution to victims of the conduct
for which the fine or penalty was imposed or for repairing damage to
the environment caused by the conduct for which the fine or penalty
was imposed.
   (5) The following funds, though the omission of any other fund
from the list contained in this paragraph shall not be grounds for
inferring 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 Training
Fund.
   (G) The Victim-Witness Injury Fund.
   (H) The Traumatic Brain Injury Fund.
   (I) The Industrial Relations Construction Industry Enforcement
Fund.
   (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 Transportation
Tax Fund.
   (R) Funds for programs established pursuant to the Food and
Agricultural Code that can be terminated through an industry
referendum vote.
   (c) For the purposes of this section, revenues derived from the
assessment of fines and penalties includes interest accrued from the
assessment of the fines and penalties.



13332.19.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Design-build" means a construction procurement process in
which both the design and construction of a project are procured from
a single entity.
   (2) "Design-build project" means a capital outlay project using
the design-build construction procurement process.
   (3) "Design-build entity" means a partnership, corporation, or
other legal entity that is able to provide appropriately licensed
contracting, architectural, and engineering services as needed.
   (4) "Design-build solicitation package" means the performance
criteria, any concept drawings, the form of contract, and all other
documents and information that serve as the basis on which bids or
proposals will be solicited from the design-build entities.
   (5) "Design-build phase" means the period following the award of a
contract to a design-build entity in which the design-build entity
completes the design and construction activities necessary to fully
complete the project in compliance with the terms of the contract.
   (6) "Performance criteria" means the information that fully
describes the scope of the proposed project and includes, but is not
limited to, the size, type, and design character of the buildings and
site; the required form, fit, function, operational requirements,
and quality of design, materials, equipment, and workmanship; and any
other information deemed necessary to sufficiently describe the
state's needs.
   (7) "Concept drawings" means any schematic drawings or
architectural renderings that are prepared, in addition to
performance criteria, in such detail as is necessary to sufficiently
describe the state's needs.
   (b) Except as otherwise specified in paragraphs (1) to (4),
inclusive, no funds appropriated for a design-build project may be
expended by any state agency, including, but not limited to, the
University of California, the California State University, the
California Community Colleges, and the Judicial Council, until the
Department of Finance and the State Public Works Board have approved
performance criteria or performance criteria and concept drawings for
the project.
   This section shall not apply to any of the following:
   (1) Amounts for acquisition of real property, in fee or any lesser
interest.
   (2) Amounts for equipment or minor capital outlay projects.
   (3) Amounts appropriated for performance criteria and concept
drawings.
   (4) Amounts appropriated for preliminary plans, if the
appropriation was made prior to January 1, 2005.
   (c) Any appropriated amounts for the design-build phase of a
design-build project, where funds have been expended on the
design-build phase by any state agency prior to the approval of the
performance criteria or the performance criteria and concept drawings
by the State Public Works Board, and all amounts not approved by the
board under this section shall be reverted to the fund from which
the appropriation was made. No design-build project for which a
capital outlay appropriation is made shall be put out to design-build
solicitation until the bid package has been approved by the
Department of Finance. No substantial change shall be made to the
performance criteria or to performance criteria and concept drawings
as approved by the board and the Department of Finance without
written approval by the Department of Finance. Any proposed bid or
proposal alternates set forth in the design-build solicitation
package shall be approved by the Department of Finance.
   (d) The State Public Works Board may augment a design-build
project in an amount of up to 20 percent of the capital outlay
appropriations for the project, irrespective of whether any such
appropriation has reverted. For projects authorized through multiple
fund sources, including, but not limited to, general obligation bonds
and lease-revenue bonds, to the extent permissible, the Department
of Finance shall have full authority to determine which of the fund
sources will bear all or part of an augmentation. The board shall
defer all augmentations in excess of 20 percent of the amount
appropriated for each design-build project until the Legislature
makes additional funds available for the specific project.
   (e) In addition to the powers provided by Section 15849.6, the
State Public Works Board may further increase the additional amount
in Section 15849.6 to include a reasonable construction reserve
within the construction fund for any capital outlay project without
augmenting the project. The amount of the construction reserve shall
be within the 20 percent augmentation limitation. The board may use
this amount to augment the project, when and if necessary, after the
lease-revenue bonds are sold to assure completion of the project.
Upon completion of the project, any amount remaining in the
construction reserve fund shall be used to offset rental payments.
   (f) Any augmentation in excess of 10 percent of the amounts
appropriated for each design-build project shall be reported to the
Chairperson of the Joint Legislative Budget Committee, or his or her
designee, 20 days prior to board approval, or not sooner than
whatever lesser time the chairperson, or his or her designee, may in
each instance determine.
   (g) (1) The Department of Finance may change the administratively
or legislatively approved scope for major design-build projects.
   (2) If the Department of Finance changes the approved scope
pursuant to paragraph (1), the department shall report the changes
and associated cost implications to the Chairperson of the Joint
Legislative Budget Committee, the chairpersons of the respective
fiscal committees, and the legislative members of the State Public
Works Board 20 days prior to the proposed board action to recognize
the scope change.
   (h) The Department of Finance shall report to the Chairperson of
the Joint Legislative Budget Committee, the chairpersons of the
respective fiscal committees, and the legislative members of the
State Public Works Board 20 days prior to the proposed board approval
of performance criteria or performance criteria and concept drawings
for any project when it is determined that the estimated cost of the
total design-build project is in excess of 20 percent of the amount
recognized by the Legislature.