Government Code — Part 18 | GOV — United States — California law | Esheria

Government Code

Part 18 of 107 · provisions 3,401–3,600

This act is named the Government Code.

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Statute overview

About this statute

This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

Legal text

Provisions of Government Code

Showing 200 of 21,333

  1. 16302.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    A state agency may adopt a regulation to ignore fractional dollar amounts, but amounts of 50 cents or more must be rounded up to $1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16302.2. Upon approval of the Director of Finance, any state agency with respect to any amount required to be shown on any form prescribed by the agency, or any amount of credit or refund, or any amount to be collected as a deficiency or underpayment of any tax, penalty, interest, license or other fee, or any other payment, may provide by regulation for the disregard of the fractional part of a dollar, unless it amounts to fifty cents ($0.50) or more, in which case it shall be increased to one dollar ($1). (Amended by Stats. 1974, Ch. 1221.)
  2. 16302.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    State agencies may accept forms reported in dollars and cents and use that basis to compute the amount due, if the difference from recomputing under Section 16302.2 would not exceed $2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16302.3. Notwithstanding the provisions of Section 16302.2, state agencies may accept forms on which any amount or tax, penalty, interest, license or other fee, or any other payment is reported in dollars and cents and may compute the amount due on that basis in lieu of recomputing the amount due on the basis of regulations issued pursuant to Section 16302.2; provided, that such recomputation would not change the amount due by more than two dollars ($2). (Added by Stats. 1957, Ch. 1374.)
  3. 16303.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    If appropriated money is returned to the Treasury, the Controller must credit it back to the original appropriation, and it remains available for its intended purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16303. If money withdrawn from the Treasury pursuant to a valid act of appropriation is subsequently returned, in whole or part, the Controller shall credit it back to the special or general appropriation from which it was drawn, and it is available for the purpose for which it was appropriated. Money so returned after expiration of the period of availability of such appropriation may be credited by the Controller to either the appropriation or the fund from which it was drawn. In making such determination, the Controller shall take into account, among other things: the amount of the abatement, the time elapsed since the reversion of the appropriation, and the undisbursed balance remaining in the appropriation. (Amended by Stats. 1957, Ch. 816.)
  4. 16304.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    Most appropriations are immediately available for encumbrance or expenditure, and—if not otherwise limited by law—remain available for three years; some are available until spent, and certain listed appropriations are exempt from the usual availability limits.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304. An appropriation shall be immediately available for encumbrance or expenditure during the period specified therein, or, if not otherwise limited by law, for three years after the date upon which it first became available for encumbrance or expenditure. An appropriation containing the term “without regard to fiscal years” shall be available for encumbrance from year to year until expended. An appropriation shall be deemed to be encumbered at the time and to the extent that a valid obligation against the appropriation is created. However, a state agency may estimate encumbrances consistent with the authority of the appropriation, and may make corrections or adjustments to any encumbrance or estimated encumbrance during the liquidation period described in Section 16304.1. As used in this code and in every other statute heretofore or hereafter enacted, the term “unexpended balance” shall be construed to mean “unencumbered balance.” Appropriations for the following purposes are exempt from limitations as to period of availability in any appropriation, and shall remain available from year to year until expended: (a) Payment of interest and redemption charges on any portion of the bonded debt of the state. (b) Transfers of money from any fund for the benefit of elementary schools, high schools, community colleges, the University of California, or any interest and sinking fund in the State Treasury. (c) Money transferred to revolving funds specifically created by law, including, but not limited to, the Architecture Revolving Fund and the Water Resources Revolving Fund. (d) Appropriations available for the acquisition of real property to the extent that such appropriations have been encumbered by the filing of condemnation proceedings on behalf of the State of California before the expiration of the period of availability of the appropriation. (e) Money transferred to and expendable from funds other than the fund in which originally deposited, pursuant to the provisions of law earmarking or appropriating for expenditure certain classes of revenue or other receipts. (f) Continuing provisions of law appropriating for specific purposes certain classes of revenue or other receipts, upon their deposit in a particular fund in the State Treasury or upon their collection by an agency of this state. (Amended by Stats. 2017, Ch. 19, Sec. 16. (AB 111) Effective June 27, 2017.)
  5. 16304.01.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    A qualifying real-property appropriation stays available for five years after it first becomes available for encumbrance, despite Section 16304.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.01. Notwithstanding Section 16304, an appropriation available for the acquisition of real property to the extent that such appropriation is required to carry out the provisions of Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 shall be available for five years after the date upon which it first became available for encumbrance. (Added by Stats. 1977, Ch. 829.)
  6. 16304.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    This section sets time limits for paying disbursements to liquidate encumbrances and requires unused appropriation balances to revert to the originating fund after those periods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.1. Disbursements in liquidation of encumbrances may be made before or during the two years following the last day an appropriation is available for encumbrance, except in the case of a fund made up of federal funds. Disbursements in liquidation of encumbrances may be made before or during the four years following the last day an appropriation of federal funds is available for encumbrance. Whenever, during either liquidation period, the Department of Finance determines the purpose for which the appropriation was made is completed and a portion of the appropriation is deemed not necessary, that portion shall, upon order of the Department of Finance, revert to and become a part of the fund from which the appropriation was made. Upon the expiration of two years, or four years in the case of a fund made up of federal funds, following the last day of the period of its availability for encumbrance, the balance in any appropriation shall revert to and become a part of the fund from which the appropriation was made. After reversion, any unpaid encumbrance against the appropriation may be paid from any current appropriations available for the same purposes. To the extent that an appropriation is exempt from limitations as to periods of availability under Section 16304, it shall not be subject to the provisions of this section. (Amended by Stats. 2017, Ch. 19, Sec. 17. (AB 111) Effective June 27, 2017.)
  7. 16304.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    Certain capital outlay appropriations are reappropriated for an additional three years if they meet the listed conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.2. Notwithstanding Section 16304, any capital outlay appropriation enacted on or after July 1, 1987, from a fund created by a general obligation bond act approved by the voters for a project which was, or is, subsequently delayed as a result of litigation, is, and shall be, hereby reappropriated for an additional three years, commencing with the operative date of the statute adding this section, or upon the expiration of the original period of encumbrance, whichever is later. (Added by Stats. 1990, Ch. 454, Sec. 1.)
  8. 16304.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    Approved cooperative work agreements can use appropriated funds only as this section allows, and older agreements are excluded.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.3. (a) Notwithstanding Section 16304, an appropriation for an approved cooperative work agreement shall be available for expenditure as provided in this section. (b) An approved cooperative work agreement is a binding contract or agreement between multiple parties, including the state or other governmental entities, or private nonprofit organizations, for work that cannot be completed for valid and substantial reasons during the period of time for which the funding is available for liquidation, and that meets all of the following criteria: (1) The cooperative work agreement has been approved by the Department of Finance. (2) The work to be completed is consistent with the intent of the original appropriation. (3) The cooperative work agreement is funded only from appropriations for local assistance. (c) Only that portion of the appropriation already encumbered upon approval of the cooperative work agreement by the Department of Finance shall be available to complete the work specified in the agreement. Any unencumbered or disencumbered balance shall revert to the fund of origin consistent with standard state accounting practices. (d) The unliquidated balance subject to the approved cooperative work agreement shall revert to the fund of origin no later than eight years from the date of the original appropriation. (e) This section shall not apply to cooperative work agreements entered into prior to January 1, 2001. (Added by Stats. 2000, Ch. 364, Sec. 2. Effective January 1, 2001.)
  9. 16304.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    With prior approval from the Department of Finance, certain California State Fair and Exposition construction contracts may be signed before the money is available, if the project will not be finished until after the funds become available.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.5. Upon prior approval of the Department of Finance, contracts for construction of any California State Fair and Exposition project for which funds have been appropriated may be entered into prior to the date that such funds will be available for expenditure if such construction will not be completed until subsequent to the date of availability of the funds. After the date such appropriation becomes available for expenditure the Controller may make expenditures pursuant to a contract entered into pursuant to this section. (Added by Stats. 1955, Ch. 294.)
  10. 16304.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The Department of General Services may, with Finance approval and at the department director’s request, reassign unneeded appropriation funds for specified support uses within the same department.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.6. Within the time during which the appropriation is available for expenditure, the Department of General Services at the request of the director of the department concerned and with the approval of the Director of Finance, may authorize that unneeded funds in any appropriation for the support of an institution, school, or college or for family care or private home care or for parole supervision activities within any of the following departments shall be available and be deemed appropriated for the support of any institution, school, or college or for family care or private home care or for parole supervision activities within the same department: (a) Department of Corrections and Rehabilitation. (b) Department of the Youth Authority. (c) State Department of Education. (d) State Department of State Hospitals. (Amended by Stats. 2016, Ch. 31, Sec. 139. (SB 836) Effective June 27, 2016.)
  11. 16304.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    If an act abolishes a state officer’s or agency’s powers or duties, any unspent appropriation for that purpose must be returned to the fund it came from.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.7. Upon the effective date of an act abolishing any of the powers or duties of any state officer or agency, the unexpended balance of any appropriation for such officer or agency which was intended to be used for the performance of such powers or duties shall revert to the fund from which such appropriation was made. (Added by Stats. 1957, Ch. 1656.)
  12. 16304.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    When a law changes the fund source for a state appropriation, the appropriation becomes payable from the fund named in that law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.8. Upon the effective date of an act making any change in the fund from which an appropriation for any state officer or agency is payable, such appropriation or the applicable portion thereof shall become payable from the fund designated in that law. The Department of Finance shall determine the adjustments to be made as a result of such change in the law, and shall certify the same to the State Controller. The State Controller shall thereupon make the necessary entries upon his records. (Added by Stats. 1957, Ch. 1656.)
  13. 16304.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    When state powers or duties are transferred, the Department of Finance must determine and certify the remaining appropriation amount, and the Controller must transfer that amount to the receiving state officer or agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16304.9. (a) Upon the effective date of an act transferring any of the powers or duties of any state officer or agency to another state officer or agency, the Department of Finance shall determine the portion remaining of any appropriation which was intended to be used for the performance of such powers or duties, and shall certify this amount to the Controller. The Controller shall thereupon transfer such amount to the state officer or agency to which such powers or duties were transferred. (b) The Department of Finance shall make the final determination of the budgetary and accounting transactions and treatments to ensure proper implementation of reorganization, mergers, or the elimination of state entities, offices, or agencies. (Amended by Stats. 2013, Ch. 352, Sec. 300. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  14. 16305.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    This section states the purpose of creating a centralized State Treasury System and assigns the State Controller responsibility for keeping segregated accounts, while the State Treasurer must not keep duplicate detailed records.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305. The purpose of this legislation is hereby declared to be the establishment of a centralized State Treasury System under which state moneys will be adequately protected, and at the same time will be controlled and invested in such a way as to realize the maximum return consistent with safe and prudent treasury management. This legislation visualizes that the State Controller will be responsible for maintaining the segregated accounts of the moneys of state agencies which are deposited with the Treasurer in trust, and that the State Treasurer will not maintain records which in their detail duplicate the accounting records maintained by the Controller for these moneys. (Amended by Stats. 1949, Ch. 1534.)
  15. 16305.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The section says state agency bank accounts are expected to hold only the amounts needed for day-to-day petty cash needs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.1. It is anticipated that as a result of this legislation state agencies will no longer need to maintain large sums of money in agency bank accounts, and that future agency bank accounts permitted by the Director of Finance will contain only amounts of money necessary for day-to-day petty cash needs. (Amended by Stats. 1974, Ch. 1221.)
  16. 16305.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    State agency money is treated as state money, but money in the Local Agency Investment Fund is excluded. A state employee who knowingly transfers, spends, or otherwise uses state money outside the State Treasury System commits a misdemeanor unless another chapter provision or statute authorizes it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.2. (a) All money in the possession of or collected by any state agency or department, except for money in the Local Agency Investment Fund, is subject to Sections 16305.3 to 16305.7, inclusive, and is hereafter referred to as state money. (b) Except as otherwise provided by this chapter or authorized by statute, any transfer, expenditure, or other use of state money knowingly committed by a state employee, outside of the State Treasury System is a misdemeanor, punishable by up to one year in a county jail, or a two-thousand-five-hundred-dollar ($2,500) fine, or both. (Amended by Stats. 2014, Ch. 221, Sec. 1. (SB 1074) Effective January 1, 2015.)
  17. 16305.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    State money must be deposited in trust with the Treasurer unless the Director of Finance authorizes otherwise or it is deposited directly in the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.3. All state money shall be deposited in trust in the custody of the Treasurer, except when otherwise authorized by the Director of Finance, or unless deposited directly in the State Treasury. All state money deposited in trust in the custody of the Treasurer shall be held in a trust account or accounts and may be withdrawn only upon the order of the depositing agency or its disbursing officer. The provisions of Sections 16305.3 to 16305.7, inclusive, shall not be construed to repeal or amend any provision of law now requiring officers or employees to make daily, weekly or monthly settlements with the Treasurer. All such money held by the State Treasurer in trust shall be subject to audit by the Department of Finance and shall also be subject to cash count, as provided in Sections 13297, 13298, and 13299 of this code. (Amended by Stats. 1974, Ch. 1221.)
  18. 16305.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Director of Finance must establish a system for handling state agency trust accounts and for receiving, holding, and disbursing the money.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.4. The Director of Finance shall establish any system which may be necessary or convenient in the handling of trust accounts of the state agencies and in establishing the system to be followed in receiving, holding and disbursing such money. The system established by the Director of Finance shall in general provide that the Controller is responsible for maintaining accounts to record the Treasurer’s accountability, and shall maintain the separate account for each trust deposit. (Amended by Stats. 1974, Ch. 1221.)
  19. 16305.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    Money in treasury trust accounts must be deposited, invested, and reinvested the same way as money in the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.5. Money in treasury trust accounts shall be deposited, invested and reinvested in the same manner and to the same extent as if the money in trust accounts were money in the State Treasury. (Amended by Stats. 1959, Ch. 687.)
  20. 16305.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The State Treasurer must collect investment increments from state money and report them to the State Controller for credit to the General Fund in the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.7. Any increment collected as the result of investment of state money shall be collected by the State Treasurer and reported by him to the State Controller for credit to the General Fund in the State Treasury. (Added by Stats. 1949, Ch. 1534.)
  21. 16305.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    This section exempts certain University of California and California State University funds from specified state fund rules, with conditions for CSU foreign-study deposits held outside the United States.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.8. (a) Nothing in Sections 16305.3 to 16305.7, inclusive, shall apply to money drawn or collected by the Regents of the University of California. (b) Nothing in Sections 16520 to 16533, inclusive, and Sections 16610 to 16622, inclusive, shall apply to deposits held by the Trustees of the California State University in one or more depository institutions located outside of the United States if all of the following conditions are satisfied: (1) The deposits are necessary to support a program of foreign study attended by California State University students. (2) A depository institution that allows the Trustees of the California State University to meet the requirements of Sections 16520 to 16533, inclusive, and Sections 16610 to 16622, inclusive, is unavailable in the country in which the program of foreign study is conducted. (3) The amounts on deposit are either insured under a foreign law or the amounts on deposit that are not insured under foreign law do not exceed one hundred thousand dollars ($100,000) per depository institution. (Amended by Stats. 2017, Ch. 516, Sec. 8. (SB 363) Effective January 1, 2018.)
  22. 16305.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Controller must maintain trust accounts for the Local Agency Investment Fund, including a separate account for each trust deposit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16305.9. (a) All money in the Local Agency Investment Fund shall be held in trust in the custody of the Treasurer. (b) All money in the Local Agency Investment Fund is nonstate money. That money shall be held in a trust account or accounts. The Controller shall be responsible for maintaining those accounts to record the Treasurer’s accountability, and shall maintain a separate account for each trust deposit in the Local Agency Investment Fund. (c) That money shall be subject to audit by the Department of Finance and to cash count as provided for in Sections 13297, 13298, and 13299. It may be withdrawn only upon the order of the depositing entity or its disbursing officers. The system that the Director of Finance has established for the handling, receiving, holding, and disbursing of state agency money shall also be used for the money in the Local Agency Investment Fund. (d) All money in the Local Agency Investment Fund shall be deposited, invested, and reinvested in the same manner and to the same extent as if it were state money in the State Treasury. (Added by Stats. 2002, Ch. 761, Sec. 2. Effective September 21, 2002.)
  23. 16306.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    If State revenue other than General Fund revenue is set aside for public schools or the State university, the amount must be repaid to the fund it would otherwise have gone into.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16306. When any State revenue, other than revenue payable into the General Fund, is set apart to be applied by the State to the support of the public school system and the State university, the amount set apart shall be repaid into the funds into which the revenue would otherwise have been paid or from which the revenue was set apart. (Added by Stats. 1945, Ch. 120.)
  24. 16307.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The section appropriates whatever money is needed from the General Fund to make certain repayments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16307. There are hereby appropriated out of the General Fund such amounts as may be necessary to make such repayments. Such repayments shall be made from the first money accruing to the General Fund over and above the amounts: (a) Then necessary to provide for payments for the support of the public school system and the State university, and (b) Which under the State Constitution shall first be applied to the payment of obligations of the State existing at the time the revenues were set apart. (Added by Stats. 1945, Ch. 120.)
  25. 16308.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    Claims against special fund appropriations for state agencies must be paid from the General Fund, but only up to the amount of revenues set apart.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16308. Claims against special fund appropriations for the support of any State agency, that can not be paid by reason of the depletion of the special fund as a result of any setting apart of revenues under Section 15 of Article XIII of the Constitution shall be paid from the General Fund to the extent only of the sums so set apart. (Added by Stats. 1945, Ch. 120.)
  26. 16309.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    If money is set aside from more than one nongeneral fund revenue and there is not enough money to repay everything, repayments must be divided in proportion to the unpaid balances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16309. If money is set apart from more than one nongeneral fund revenue, and available money is insufficient for repayment in full, repayments shall be made in proportion to the unpaid balances. (Added by Stats. 1945, Ch. 120.)
  27. 16310.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    When the General Fund is exhausted or nearly exhausted, the Controller must notify the Governor and the Pooled Money Investment Board, and the Governor or designee may order transfers into the General Fund, subject to listed limits and exceptions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16310. (a) When the General Fund in the Treasury is or will be exhausted, the Controller shall notify the Governor and the Pooled Money Investment Board. The Governor, or their designee, may order the Controller to direct the transfer of all or any part of the moneys not needed in other funds or accounts to the General Fund from those funds or accounts, as determined by the Pooled Money Investment Board, including the Surplus Money Investment Fund or the Pooled Money Investment Account. All moneys so transferred shall be returned to the funds or accounts from which they were transferred as soon as there are sufficient moneys in the General Fund to return them. No interest shall be charged or paid on any transfer authorized by this section, exclusive of the Pooled Money Investment Account, except as provided in this section. This section does not authorize any transfer that will interfere with the object for which a special fund was created or any transfer from the Central Valley Water Project Construction Fund, the Central Valley Water Project Revenue Fund, or the California Water Resources Development Bond Fund. (b) (1) Interest shall be paid on all moneys transferred to the General Fund from the following funds: (A) The Department of Food and Agriculture Fund. (B) The DNA Identification Fund. (C) The Behavioral Health Services Fund. (D) All funds created pursuant to the California Children and Families Act of 1998, enacted by Proposition 10 at the November 3, 1998, statewide general election. (E) Any funds retained by or in the possession of the California Exposition and State Fair pursuant to this section. (2) With respect to all other funds, and unless otherwise specified, if the total moneys transferred to the General Fund in any fiscal year from any special fund pursuant to this section exceed an amount equal to 10 percent of the total additions to surplus available for appropriation as shown in the statement of operations of a prior fiscal year as set forth in the most recent published annual report of the Controller, interest shall be paid on the excess. Interest payable under this section shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which transferred. (c) Notwithstanding any other provision of law, except as described in subdivision (d), all moneys in the State Treasury may be loaned for the purposes described in subdivision (a). (d) Subdivision (c) shall not apply to any of the following: (1) The Local Agency Investment Fund. (2) Funds classified in the State of California Uniform Codes Manual as bond funds or retirement funds. (3) All or part of the moneys not needed in other funds or accounts for purposes of subdivision (a) where the Controller is prohibited by the California Constitution, bond indenture, or case law from transferring all or any part of those moneys. (Amended by Stats. 2024, Ch. 40, Sec. 3. (SB 159) Effective June 29, 2024. Operative January 1, 2025, pursuant to Sec. 85 of Stats. 2024, Ch. 40.)
  28. 16311.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Treasurer may pay the expenses of collecting bonds and bond coupons.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16311. The Treasurer may pay all expense for collecting bonds and bond coupons. Where the proceeds of the collection are part of any special fund, the expense shall be charged against the special fund and credited to the General Fund. (Added by Stats. 1945, Ch. 120.)
  29. 16312.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Pooled Money Investment Board may make loans from the Pooled Money Investment Account to certain special funds, subject to board-set terms and conditions, and interest must be handled as this section directs.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16312. (a) Notwithstanding and in addition to any other provision of law permitting withdrawal of moneys from the General Fund for deposit into a special fund for the purpose of carrying out a program or project with repayment to the General Fund to come from the proceeds of the later sale of state bonds or notes, the Pooled Money Investment Board may instead make a loan from the Pooled Money Investment Account directly to any such special fund, on such terms and conditions as the board may determine, upon request made to the board by an appropriate official. Any official authorized by law to seek, authorize, or approve a withdrawal of moneys from the General Fund for these purposes may in the alternative request a loan from the board as provided in this section and execute such documents as are required by the board to obtain and repay the loan. Interest on the loan shall be determined as provided in Section 16314. (b) The Pooled Money Investment Board may also make a loan from the Pooled Money Investment Account to any special fund for the purpose of carrying out a program or project that is authorized to be financed by issuing bonds, notes, or other evidence of indebtedness, where the special fund does not qualify under subdivision (a). Any loan shall be subject to those terms and conditions as the board shall determine and interest shall be determined as provided in Section 16314. Any state agency or other entity of state government that has authority to issue bonds may request a loan from the Pooled Money Investment Account and execute such documents as are required by the board to obtain and repay the loan. (c) When a loan is made pursuant to subdivision (a) or (b) to a special fund to carry out a state general obligation bond program, other than a program adopted pursuant to an initiative statute prior to August 22, 1988, or Chapter 27, 30, 48, or 49 of the Statutes of 1988, the special fund shall pay the loan interest out of the proceeds derived from bond sales. For non-self-liquidating programs adopted pursuant to an initiative statute prior to August 22, 1988, or Chapter 27, 30, 48, or 49 of the Statutes of 1988, the General Fund shall pay the loan interest. (d) Notwithstanding Section 13340, amounts required to pay interest on loans made to non-self-liquidating general obligation bond programs are hereby continuously appropriated from the General Fund. The Legislature hereby finds and declares that these appropriations for interest payments regarding general obligation bond programs are appropriations for debt service as defined in Section 8 of Article XIII B of the California Constitution and therefore are exempt from the appropriations limit set by that article. (Amended by Stats. 1988, Ch. 984, Sec. 1. Effective September 20, 1988.)
  30. 16312.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Director of Finance may set aside a limited share of projected cash balances for interim financing of critical highway and road projects, and state agencies seeking loans must follow the Board’s process.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16312.1. (a) (1) It is in the best interest of the state to ensure that there are adequate resources to fund critical state highway and local road projects in a timely manner. The Director of Finance may designate up to 15 percent of projected cash balances, as determined by the Department of Finance, in funds and accounts specified in paragraph (2), to provide a contingency interim financing amount for critical highway and road projects in the event there are insufficient general obligation bond proceeds that otherwise would fund those projects, or in the event there is inadequate access to the commercial paper market to ensure timely progress of those projects. (2) The eligible funds and accounts for purposes of paragraph (1) are the Transportation Investment Fund, the Motor Vehicle Fuel Account, the Transportation Revolving Account, the State Highway Account, and the Highway Users Tax Account. (b) Upon a designation by the Director of Finance pursuant to subdivision (a), the Pooled Money Investment Board may provide funds to state agencies requesting loans for critical state highway and local road projects, as recommended by the Department of Finance. (c) Any amount designated by the Director of Finance pursuant to subdivision (a) may be provided as an alternative funding mechanism to any other provision of law permitting loans to state agencies from the Pooled Money Investment Account for the same purpose. (d) State agencies requesting a loan pursuant to this section shall follow the process as prescribed by the Pooled Money Investment Board, which shall be consistent with the process for loans under Section 16312. (Added by Stats. 2012, Ch. 1, Sec. 3. (SB 95) Effective February 3, 2012.)
  31. 16313.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Pooled Money Investment Board may lend from the Pooled Money Investment Account to a state agency for prepaying or replacing existing financing. Eligible state agencies may request the loan and sign required documents.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16313. Notwithstanding and in addition to any other provision of law permitting loans to state agencies from the Pooled Money Investment Account, the Pooled Money Investment Board may make a loan, on such terms and conditions as the board may determine, from the Pooled Money Investment Account to any state agency in order to prepay or replace existing financing when the board determines it is in the best interest of the state to do so. Interest on the loans shall be determined as provided in Section 16314. Any state agency with existing financing may request a loan from the Pooled Money Investment Account to replace existing financing and may execute such documents as are required by the board to obtain and repay the loan. (Added by Stats. 1987, Ch. 6, Sec. 2. Effective March 23, 1987.)
  32. 16314.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The Pooled Money Investment Board must set interest rates for certain state fund loans, and the Director of Finance may waive some interest charges or extend repayment dates in specified cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16314. (a) The Pooled Money Investment Board shall establish the annual rate of interest charged on short-term loans of state funds executed after January 1, 1981, where the statute authorizing such loans does not prohibit interest or specify an interest rate or a method of computing an interest rate. The rate of interest shall not be less than the last available daily rate of return earned by the Pooled Money Investment Account on the actual date of withdrawal or transfer of the loan funds. (b) The Pooled Money Investment Board shall establish the annual rate of interest charged on long-term loans of state funds executed after January 1, 1981, where the statute authorizing such loans does not prohibit interest or specify an interest rate or a method of computing an interest rate. The rate of interest shall not be less than the lesser of the last available daily rate of return earned by the Pooled Money Investment Account on the actual date of withdrawal or transfer of the loan funds, or the average of the annual rates of return earned by the Pooled Money Investment Account for the three fiscal years immediately preceding the year in which the loan is executed. (c) As used in this section, “short-term loans of state funds” means any loan from any fund or account in the State Treasury or from the reserve for contingencies or emergencies administered by the Department of Finance to any other fund in the State Treasury or to any state or local agency for a period of less than one year. (d) As used in this section, “long-term loans of state funds” means any loan from any fund or account in the State Treasury or from the reserve for contingencies or emergencies administered by the Department of Finance to any other fund in the State Treasury or to any state or local agency for a period of one year or longer, except loans made pursuant to Section 71.4 of the Harbors and Navigation Code and Section 21602 of the Public Utilities Code. (e) Notwithstanding subdivision (a), the Director of Finance shall have the authority to waive interest charges on short-term loans of state funds to other state agencies or funds to cover temporary shortages of funds where anticipated reimbursements have not been forthcoming, or where the agency cannot recover interest charges in the reimbursement, or where the loan is to a department or agency which derives its support from the same fund from which the loan is to be made. This authority shall not apply to loans from the Pooled Money Investment Account. (f) The Director of Finance may extend the loan repayment date of loans of state funds as defined in subdivisions (c) and (d). At the time any such loan repayment date is extended, the loan shall be considered to be a new loan for the purposes of establishing the annual rate of interest under the provisions of subdivisions (a) and (b) for the period the loan is extended. The interest rate established on the actual date of withdrawal or transfer of the loan funds shall not be altered by such an extension. (Added by Stats. 1980, Ch. 1118.)
  33. 16315.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    This section lets certain appropriated funds be used early to reimburse prior project spending, if preliminary plans are approved by the State Public Works Board and the Department of Finance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16315. Any appropriation made for major construction, improvements, equipment, designs, working plans, and specifications may be expended to reimburse the Division of Architecture Revolving Fund, the University of California, or the Trustees of the California State University, for expenditures incurred prior to the availability of the appropriation, if the State Public Works Board and the Department of Finance have approved preliminary plans for the project to be financed from the appropriation in accordance with any applicable provision of law. Any money in the Division of Architecture Revolving Fund may be expended or encumbered for expenditure prior to the availability of the appropriation for any project as to which reimbursement of the fund therefor is authorized by this section. Any money available to the Trustees of the California State University for expenditure for projects of major construction, improvements, equipment, designs, working plans, and specifications may be expended or encumbered for expenditure by the trustees for any state university project prior to the availability of the appropriation for the particular project, if reimbursement of the trustees or the state university from such appropriation is authorized pursuant to this section. Nothing herein contained shall be construed to limit or control the Regents of the University of California or the Trustees of the California State University in the expenditure of funds appropriated for major construction, improvements, and equipment for the use, development, or enlargement of the University of California or the California State University, respectively. (Amended by Stats. 1983, Ch. 143, Sec. 192.)
  34. 16316.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    An appropriation for acquiring real property may be used to pay for appraisals, title searches, surveys, and similar pre-availability investigation costs if the Director of Finance approves those preliminary expenses.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16316. Any appropriation made for acquisition of real property may be expended to pay for expenses incurred for appraisals, title searches, surveys and other investigations prior to the availability of such appropriation, provided that the Director of Finance has approved the incurring of such preliminary expenses. (Added by Stats. 1957, Ch. 80.)
  35. 16317.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The Controller must maintain accounts for certain funds and make them reflect each account’s equity, including investments and earnings.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16317. (a) The Controller shall maintain a system of accounts for each of the funds redesignated by the act enacting this section as accounts within the Transportation Tax Fund or the State Transportation Fund which will reflect the equity of each account, including investments and earnings on investments. (b) No procedures shall be established to implement the act enacting this section which would impair the authority to establish accounting systems, or impair the cash management authority, possessed by the California Highway Commission and the Department of Public Works prior to the enactment of this section. (Added by Stats. 1971, Ch. 1243.)
  36. 16317.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    State-financed funds and employee activities may not be used to account for or authorize disbursement of state agency funds, unless through Department of Finance–approved accounts. The Department of Finance must also report such funds in official financial statements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16317.5. No state funds or employee activities financed by the state shall, directly or indirectly, be used for accounting of, or authorizing the disbursement of, any funds of any state agency, except through accounts approved by the Department of Finance. Such funds shall be reported in official financial statements by the Department of Finance. The accounting of nonstate funds shall be exempt from this section if such accounting is a part of an investigation in which the state is involved. (Added by Stats. 1977, Ch. 1011.)
  37. 16320.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    This section lets state Treasury money be loaned between state funds or accounts for certain budget shortfalls, and requires the Director of Finance to order repayment and send reports to the Joint Legislative Budget Committee.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16320. (a) Unless otherwise prohibited by law, moneys in the State Treasury may be loaned from one state fund or account to any other state fund or account to address the 2001–02, 2002–03, and 2003–04 fiscal year budgetary shortfalls, subject to all of the following conditions: (1) The loan is authorized in the 2002 Budget Act, legislation enacted in a 2003–04 Extraordinary Session, or the 2003 Budget Act. (2) The terms and conditions of the loan, including an interest rate, are set forth in the loan authorization. (3) The loan is considered part of the balance of the fund or account that received the funds for the purpose of accounting and budgeting, including any determination made pursuant to Section 13307. (4) The loan is not deducted from the balance of the fund or account from which the loan is made for purposes of calculating a fee or assessment. (5) A fee or assessment is not increased as a result of a loan. (6) Moneys loaned under this section are not considered a transfer of resources for purposes of determining the legality of the use of those moneys by the fund or account from which the loan is made or the fund or account that received the loan. (b) (1) Unless law authorizing any budgetary loan states otherwise, the Director of Finance shall order the repayment of all or a portion of any budgetary loan, including, but not limited to, those loans described in subdivision (a), if he or she determines that either of the following circumstances exists: (A) The fund or account from which the loan was made has a need for the moneys. (B) There is no longer a need for the moneys in the fund or account that received the loan. (2) The Director of Finance shall notify, in writing, the Chairperson of the Joint Legislative Budget Committee within 30 days of ordering the repayment of any of these loans. (c) On August 1 of each year, the Director of Finance shall report in writing to the Chairperson of the Joint Legislative Budget Committee the balances of any outstanding budgetary loans as of the preceding June 30. (d) On February 1 of each year, the Director of Finance shall report in writing to the Chairperson of the Joint Legislative Budget Committee the balances of any outstanding budgetary loans as of the preceding December 31. (e) The August 1 and February 1 reports described in subdivisions (c) and (d), respectively, shall include a summary of the General Fund budgetary obligations for future payment of deferred or suspended expenditures or transfers to any special fund or account and the dates that the obligations are due. (Amended by Stats. 2011, Ch. 11, Sec. 11. (SB 80) Effective March 24, 2011.)
  38. 16321.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    This section sets the repayment terms for specified outstanding loans and requires the Department of Finance to prepare a repayment schedule.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16321. The amount of outstanding loans made pursuant to Section 14556.8 is seven hundred six million dollars ($706,000,000). Four hundred seventy million dollars ($470,000,000) of this amount shall be repaid from the General Fund pursuant to subdivision (c) of Section 20 of Article XVI of the California Constitution. Two hundred thirty-six million dollars ($236,000,000) shall be repaid from the General Fund. The total amount of the loans shall be repaid no later than June 30, 2020, and upon repayment of this amount all loans authorized pursuant to Section 14556.8 and any associated interest shall be deemed repaid. The loans shall be repaid proportionately and in equal installments over three years. The Department of Finance shall prepare a loan repayment schedule, pursuant to which the outstanding loans shall be repaid by June 30, 2020, as follows: (a) Two hundred fifty-six million dollars ($256,000,000) for transfer to the Public Transportation Account, to be allocated as follows: (1) Up to twenty million dollars ($20,000,000) to local and regional agencies for climate change adaptation planning. (2) The remainder to the Transit and Intercity Rail Capital Program as authorized in Part 2 (commencing with Section 75220) of Division 44 of the Public Resources Code. (b) Two hundred twenty-five million dollars ($225,000,000) for transfer to the State Highway Account, for the State Highway Operation and Protection Program. (c) Two hundred twenty-five million dollars ($225,000,000) is hereby continuously appropriated without regard to fiscal year to the Controller for apportionment to cities and counties for local streets and roads pursuant to the formula in clauses (i) and (ii) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 2103 of the Streets and Highways Code. (Amended by Stats. 2019, Ch. 32, Sec. 7. (SB 87) Effective June 27, 2019.)
  39. 16328.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The Controller may use money in the Education Protection Account for cashflow loans to the General Fund, subject to Sections 16310 and 16381 and despite any other law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16328. Subdivision (g) of Section 36 of Article XIII of the California Constitution created the Education Protection Account in the State Treasury. Notwithstanding any law, the Controller may use the funds in the Education Protection Account for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (Added by Stats. 2011, Ch. 12, Sec. 4. (SB 82) Effective March 24, 2011.)
  40. 16329.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    The Controller may use money from the Local Revenue Fund 2011 for cashflow loans to the General Fund, subject to the cited sections and despite any other law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16329. Subdivision (d) of Section 36 of Article XIII of the California Constitution created the Local Revenue Fund 2011 in the State Treasury. Notwithstanding any law, the Controller may use the funds in the Local Revenue Fund 2011 for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (Added by Stats. 2011, Ch. 12, Sec. 5. (SB 82) Effective March 24, 2011.)
  41. 16330.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    This section creates the State Agency Investment Fund and sets rules for deposits, investment, interest, accounting, and administration.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16330. (a) (1) The State Agency Investment Fund is hereby created within the State Treasury, for the receipt of deposits from state agencies with moneys not currently required by law to be deposited in the Pooled Money Investment Account. (2) For purposes of this section, a “state agency” includes any state office, officer, department, division, bureau, board, commission, organization, or agency, including, but not limited to, the University of California, the California State University, the California Community Colleges, and the Judicial Council. (b) Each agency that deposits moneys in the fund shall deposit no less than a total of five hundred million dollars ($500,000,000). The total amount of moneys that may be deposited in the fund from all eligible sources shall not exceed, at any point in time, a total of ten billion dollars ($10,000,000,000), or a lesser amount as determined by the Director of Finance, in consultation with the Treasurer. (c) The terms and conditions of deposits made into the fund shall be set by the Director of Finance, in consultation with the Treasurer. Those terms shall include, but not be limited to, the size of deposit from a particular state agency, the length of time those moneys shall be held in deposit in the fund, the availability of funds for withdrawal by the state agency depositing the funds, and the annual rate of interest paid on deposits, as described in subdivision (e). (d) Moneys held in the fund shall be invested by the Treasurer in investments authorized by Sections 16430 and 16480 through the Pooled Money Investment Account, and notwithstanding any other law, shall be deemed borrowable by the General Fund for cashflow purposes pursuant to Sections 16310 and 16381. Repayment of any of those borrowings shall be considered a priority payment, equivalent to any other loan repayment made from the General Fund to another state fund. (e) Notwithstanding any other law, the rate of interest to be paid to the depositors shall be the base apportionment rate based on their pro rata share of the earnings of the Pooled Money Investment Account on a quarterly basis at the end of each quarter plus an enhanced amount. The pro rata share shall be determined by a dollar day participation. The base apportionment rate applied to the dollar day participation in the fund shall be the quarter-to-date average yield of the Pooled Money Investment Account for the current quarter. The enhancement amount paid to depositors in the fund shall be determined by the Director of Finance, in consultation with the Treasurer, and shall be added to the base rate earned by the Pooled Money Investment Account at the time the apportionment is made. The total interest cost described in this subdivision shall not exceed that provided for in paragraph (1) of subdivision (d) of Section 16731. (f) Notwithstanding Section 13340, moneys in the fund are hereby continuously appropriated to the Controller for payment of interest expenditures to depositors calculated in accordance with subdivision (e), and return of deposits to depositors according to terms and conditions set by the Director of Finance, in consultation with the Treasurer. (g) The Department of Finance shall determine the budget items to be used for the recording and reporting of interest expenditures pursuant to this section. (h) Deposits in the fund shall be tracked separately for each participant in the state’s accounting system, and shall be deemed to be assets of each participant. These assets shall be reflected as such on the participants’ financial statements. (i) Actions by the Director of Finance, in consultation with the Treasurer, in implementing and administering the investment program provided for in this section shall be exempt from the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). (Added by Stats. 2011, Ch. 142, Sec. 1. (SB 79) Effective August 1, 2011.)
  42. 16340.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

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    This section creates the Voluntary Investment Program Fund, sets deposit limits and interest rules, and assigns finance and treasury officials roles in managing deposits and borrowing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16340. (a) (1) The Voluntary Investment Program Fund is hereby created within the State Treasury, for the receipt of voluntary deposits from local entities. (2) For purposes of this section, a “local entity” includes, but is not limited to, any city, county, school district, or special district. (b) Each local entity that is approved by its governance body to deposit moneys in the fund shall deposit no less than a total of two hundred million dollars ($200,000,000). The total amount of moneys that may be deposited in the fund from all eligible sources shall not exceed, at any point in time, a total of ten billion dollars ($10,000,000,000), or lesser amount as determined by the Director of Finance, in consultation with the Treasurer. (c) The terms and conditions of deposits made into the fund shall be set by the Director of Finance, in consultation with the Treasurer. Those terms shall include, but not be limited to, the size of the deposit from a particular local entity, the length of time those moneys shall be held in deposit in the fund, the availability of funds for withdrawal by the local entity depositing the funds, and the annual rate of interest paid on deposits, as described in subdivision (e). However, the director and the Treasurer may only permit deposits that do not exceed funds needed to address an actual or anticipated cash shortfall in the General Fund not exceeding the amounts of existing appropriations, including continuing and continuous appropriations, to which resulting proceeds are to be applied. (d) Moneys held in the Fund shall be invested by the Treasurer in investments authorized pursuant to Sections 16430 and 16480 through the Pooled Money Investment Account, and whenever the Controller determines that moneys in the General Fund, after allowing for internal borrowing from other funds are, or are expected to be, insufficient for the payment of all appropriations made by the Legislature which are to be paid out of the moneys in the General Fund, the State Controller may, based upon his or her estimate of the probable income to the General Fund during the then fiscal year and the probable dates of receipt thereof, may draw a demand or demands against appropriations made from the General Fund to be paid in the then current fiscal year prior to the receipt of the income, and deliver the demand or demands to the Treasurer. The Treasurer shall register the demand or demands for nonpayment and may borrow moneys from the fund in an amount or amounts that is no greater than the demand or demands provided. The borrowing, together with the interest owed upon the account thereon, shall be paid exclusively from moneys in the General Fund on probable or reasonably anticipated revenues that are expected to be forthcoming within a short period of time, but not excepting recourse to internal borrowing from other funds in the event insufficient moneys are available from the General Fund. Repayment of any of those borrowings shall be considered a priority payment, equivalent to any other loan repayment made from the General Fund to another state fund. (e) Notwithstanding any other law, the rate of interest to be earned by the depositors shall be the base apportionment rate based on their pro rata share of the earnings of the Pooled Money Investment Account on a quarterly basis at the end of each quarter plus an enhanced amount. The pro rata share shall be determined by a dollar day participation. The base apportionment rate applied to dollar day participation in the fund shall be the quarter-to-date average yield of the Pooled Money Investment Account for the current quarter. The enhancement amount paid to depositors in the fund shall be determined by the Director of Finance, in consultation with the Treasurer, and shall be added to the base rate earned by the Pooled Money Investment Account at the time the apportionment is made. The total interest cost described in this subdivision shall not exceed that provided for in paragraph (1) of subdivision (d) of Section 16731. (f) Notwithstanding Section 13340, moneys in the fund are hereby continuously appropriated for payment of interest expenditures to depositors calculated in accordance with subdivision (e), other related expenses as determined by the Department of Finance, and return of deposits to depositors according to terms and conditions set by the Director of Finance, in consultation with the Treasurer. The amounts paid for interest and other related expenses shall be attributable to the fiscal year in which the borrowing occurred which is also the fiscal year upon which the appropriations against which the demand or demands were made. (g) The Department of Finance shall determine the budget items to be used for the recording and reporting of interest expenditures and other related expenses pursuant to this section. (h) Deposits in the fund shall be tracked separately for each participant in the state’s accounting system, and shall be deemed to be assets of each participant. These assets shall be reflected as such on each participant’s individual financial statements. (i) These deposits are, and may only be used, to cover short-term cash needs of the state and are, and shall be, in compliance with the provisions of Proposition 58 of March 2004 as stated in subdivision (c), Section 1.3 of Article XVI of the California Constitution. Deposits and borrowing from the fund shall comply with the state’s debt limit restrictions. (j) Actions by the Director of Finance, in consultation with the Treasurer, in implementing and administering the investment program provided for in this section and the Treasurer’s and Controller’s actions in borrowing from the fund shall be exempt from the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). (k) Upon projection of insufficient cash in the General Fund, the Director of Finance, in consultation with the Treasurer and Controller, may utilize provisions similar to Section 16381 to facilitate the implementation of the program. (Added by Stats. 2012, Ch. 44, Sec. 1. (SB 1033) Effective June 27, 2012.)
  43. 16341.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    A state agency that receives certain cost-recovery revenues must account for them to the Controller for deposit into the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 1. General [16300 - 16341] ( Chapter 1 added by Stats. 1945, Ch. 120. ) ## 16341. A state agency that receives revenues for state costs under a cost recovery statute shall account for those revenues to the Controller for deposit into the State Treasury, as provided in Section 16301. (Added by Stats. 2014, Ch. 230, Sec. 2. (AB 1583) Effective January 1, 2015.)
  44. 16346.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    When a special fund in the State Treasury is abolished, its assets, liabilities, and surplus must be transferred to the successor fund, or to the General Fund if no successor is named.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16346. Whenever by statutory enactment or operation of the law, a special fund in the State Treasury is abolished, all of its assets, liabilities, and surplus shall, on order of the State Controller and as of the effective date of its abolition, be transferred to and become a part of the successor fund specified in the act providing for such abolition. Unless otherwise provided, all existing appropriations to the extent encumbered and also those which had been made for particular projects from the abolished fund shall continue to be available for the same purposes and periods from the successor fund. Where no successor fund is specified in the act providing for abolition, the General Fund shall be deemed to be the successor fund for purposes of this section. Provisions of law continuously appropriating certain classes of revenue or other receipts upon their deposit in a particular fund in the State Treasury are not appropriations for particular projects for purposes of this section. (Amended by Stats. 1961, Ch. 892.)
  45. 16347.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    State agencies must deposit certain post-abolition receipts into the State Treasury fund designated for the abolished fund, when the State Controller orders it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16347. Any moneys received by any state agency after the date of abolition of any special fund in the State Treasury which, by law, would otherwise be required to be deposited in such abolished fund, shall, on order of the State Controller, be deposited in the State Treasury in the fund to which the unencumbered cash balance, if any, of such abolished fund is transferable as herein provided. (Added by Stats. 1949, Ch. 238.)
  46. 16350.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    Special funds created by repealed or invalid statutes must be abolished, unless another law provides otherwise, and any unencumbered asset balance must be handled under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16350. Except as otherwise provided by law, every special fund created by a statute which has been repealed or which has been declared invalid by a court of competent jurisdiction shall, on the effective date of such repeal or the date on which the judgment of such court becomes final, be abolished, and the unencumbered balance of the assets of such fund shall be disposed of as provided in this article. (Amended by Stats. 1949, Ch. 238.)
  47. 16351.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    If a special fund is exhausted and the General Fund has excess money, the Controller must report to the Governor and Treasurer; the Governor may then order a transfer to the special fund, and transferred money must be returned to the General Fund when the special fund can repay it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16351. (a) When any special fund in the treasury is exhausted, and there is money in the General Fund not required to meet any demand which has accrued or may accrue against it, the Controller shall so report to the Governor and the Treasurer. If the Governor and Treasurer find that the money is not needed in the General Fund, the Governor may order the Controller to transfer that money, or any part thereof, to the special fund in need. (b) Money transferred pursuant to subdivision (a) shall be returned to the General Fund as soon as there is sufficient money in the special fund to return it. (c) If sufficient money does not accumulate in the special fund within one year, the amount of money transferred or whatever portion of that amount is in the fund at that time shall be then returned, and the balance, if any, shall be returned thereafter in monthly installments as it accumulates. Any fund which fails to return the full amount of any transfer within one year from and after the transfer is ineligible to receive further transfers until it has returned the full amount. (Amended by Stats. 2004, Ch. 227, Sec. 51. Effective August 16, 2004.)
  48. 16351.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Director of Finance may transfer certain unexpended capital outlay appropriation balances to the unappropriated surplus fund, if the State Public Works Board approves the determination that the money is not required for the appropriation.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16351.5. The unexpended balance in any appropriation for capital outlay which the Director of Finance, with the approval of the State Public Works Board, determines not to be required for expenditure pursuant to the appropriation, may be transferred on order of the Director of Finance to the unappropriated surplus of the fund from which the appropriation was originally made. (Amended by Stats. 2019, Ch. 29, Sec. 104. (SB 82) Effective June 27, 2019.)
  49. 16352.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    Certain budget augmentations for state public works projects are appropriated and may be made by the Director of Finance with State Public Works Board approval.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16352. Notwithstanding Section 13340, any augmentation of an appropriation for a state public works project from the General Fund or any other fund in the State Treasury from which a capital outlay appropriation has been authorized for acquisition, design, construction, or equipping of a state public works project is hereby appropriated, without regard to fiscal years. The augmentation shall be in an amount sufficient to provide for payment of those public works projects where the project cannot proceed because the bids received are in excess of the estimate, notwithstanding the provisions of Section 10125 of the Public Contract Code, or the estimate otherwise exceeds the amount available. Augmentations for a state public works project are subject to the limitations in Sections 13332.11 and 13332.19 and shall be made pursuant to executive orders of the Director of Finance upon approval of the State Public Works Board. (Repealed and added by Stats. 2010, Ch. 726, Sec. 15. (AB 1620) Effective October 19, 2010.)
  50. 16352.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    This section appropriates money for certain community college projects from the State Construction Program Fund, but only when project costs exceed available funds and specific conditions are met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16352.5. There is hereby appropriated from the money in the State Construction Program Fund derived from the proceeds of bonds sold pursuant to the Community College Construction Program Bond Act of 1972, an amount sufficient to provide for payment of community college projects for which an appropriation is available where such project cannot be undertaken because the total project cost based on bids is in excess of the funds available. The provisions of this section shall be applicable only under all of the following limitations: (1) The augmentation allocation shall be calculated only on the state’s share of the total project cost and on the same basis as the original appropriation. (2) The augmentation allocation shall be granted, if otherwise justified, only on condition that the contract award is made within one year from the effective date of the appropriation, except that augmentation allocations for projects originally appropriated in the 1972 budget shall be granted, if otherwise justified on condition that the contract award is made prior to June 30, 1974. (3) The augmentation allocation for the state’s share of the project would be five thousand dollars ($5,000) or more. Expenditures shall be pursuant to executive orders of the Director of Finance upon recommendations by the Chancellor of the California Community Colleges and approval of the State Public Works Board. (Amended by Stats. 1974, Ch. 1221.)
  51. 16353.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    The Director of Finance may transfer an unexpended balance from certain State Construction Program Fund appropriations to the Section 16354 appropriation if the balance is found not needed for that appropriation and the State Public Works Board approves.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16353. The unexpended balance in any appropriation heretofore or hereafter made payable from the State Construction Program Fund which the Director of Finance, with the approval of the State Public Works Board, determines not to be required for expenditure pursuant to the appropriation, may be transferred on order of the Director of Finance to and in augmentation of the appropriation made by Section 16354. (Added by Stats. 1959, Ch. 1756.)
  52. 16354.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    Money from the State Construction Program Fund may be spent for certain real property, construction, and equipment purposes, but only through allocations made by the Director of Finance with approval from the State Public Works Board.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16346 - 16354] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16354. There is hereby appropriated from the State Construction Program Fund, without regard to fiscal years, any amounts transferred to this appropriation in accordance with the provisions of Section 16353, and such amounts may be expended for acquisition of real property or for construction and equipment of state public works projects for which an appropriation has been made from the State Construction Program Fund. Expenditures shall be made pursuant to allocations made by the Director of Finance upon approval of the State Public Works Board. Allocations may be made for expenditure upon any state public works project in augmentation of appropriations made from the State Construction Program Fund, where such project cannot be undertaken because the estimate exceeds the amount available for such construction or bids received are in excess of the estimate, and upon such augmentation, contracts may be awarded therefor, notwithstanding the provisions of Section 14275 or of Section 25235 of the Education Code. Allocations may be made for acquisition of real property in augmentation of appropriations made from the State Construction Program Fund for acquisition of real property and which cannot be acquired because acquisition costs are in excess of the amounts provided in the appropriation. Allocations may be made for purchase of equipment in augmentation of appropriations made from the State Construction Program Fund from which purchase of equipment is authorized. Allocations made pursuant to this section shall be included in the total amount of annual Budget Act appropriations in the same manner and with the same effect as if such allocations had been included in a section of the annual Budget Act as provided in the State Construction Program Bond Act of 1958 (Statutes of 1958, First Extraordinary Session Chapter 88). (Amended by Stats. 1965, Ch. 1539.)
  53. 16360.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. )

    Verify source ↗

    The Federal Trust Fund is created in the State Treasury, and certain federal funds handled by state agencies must be deposited into it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. ) ## 16360. The Federal Trust Fund is hereby created in the State Treasury. It consists of money which is paid into it in trust pursuant to law. Notwithstanding any other provisions of law, all money received by the state from the United States, the expenditure of which is administered through or under the direction of any state agency, shall, under such conditions as the Director of Finance may prescribe and on order of the State Controller, be deposited in the Federal Trust Fund. (Added by Stats. 1978, Ch. 1284.)
  54. 16361.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. )

    Verify source ↗

    All money in the Federal Trust Fund is appropriated for spending on the purposes allowed by the United States for the state to spend.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. ) ## 16361. All money in the Federal Trust Fund is hereby appropriated, without regard to fiscal year, for expenditure for the purposes for which the money deposited therein is made available by the United States for expenditure by the state. (Added by Stats. 1978, Ch. 1284.)
  55. 16362.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. )

    Verify source ↗

    If law requires certain money received by the state from the United States to be paid into a State Treasury fund, it must first go into the Federal Trust Fund and then be transferred or disbursed to that fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. ) ## 16362. Whenever any law provides for the payment and deposit of specific money received by the state from the United States into a specific State Treasury fund, the money shall first be credited to the Federal Trust Fund and then be transferred to or disbursed to the specific State Treasury fund for fulfilling the purposes for which the money was collected or received. (Added by Stats. 1978, Ch. 1284.)
  56. 16363.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. )

    Verify source ↗

    If an agency receives U.S. money for state expenditure and no specific State Treasury fund exists, the money must be credited to the Federal Trust Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. ) ## 16363. Whenever any agency receives money from the United States for expenditure by the state and no specific State Treasury fund has been created to which this money is to be credited, the money shall be credited to the Federal Trust Fund and shall be held subject to the right of the state agency to recover it, on claims properly presented, for fulfilling the purposes for which the money was collected or received. (Added by Stats. 1978, Ch. 1284.)
  57. 16364.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. )

    Verify source ↗

    The State Controller and state agencies that receive money from the United States must keep an accurate account of money in or moving through the Federal Trust Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. ) ## 16364. The State Controller and all state agencies receiving money from the United States shall keep an accurate account of all money deposited in, transferred to or from, or disbursed from, the Federal Trust Fund. (Added by Stats. 1978, Ch. 1284.)
  58. 16365.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. )

    Verify source ↗

    The Director of Finance and the State Controller may approve a general plan for paying and reimbursing certain Federal Trust Fund charges, and the State Controller may order transfers under that plan.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. ) ## 16365. The Director of Finance and the State Controller may approve any general plan whereby: (a) Any expenditures which are a proper charge against the money made available by the United States and deposited in the Federal Trust Fund may be paid, in the first instance, from the General Fund or any other fund in the State Treasury, expenditures from which are administered through or under the direction of the state agency receiving the money from the United States and, (b) The General Fund or any other fund in the State Treasury shall be reimbursed for expenditures made therefrom that are a proper charge against the Federal Trust Fund. Such a general plan may provide for advance transfers from the Federal Trust Fund to the General Fund or any other fund in the State Treasury, based on estimates of such expenditures that will be subject to reimbursement from the Federal Trust Fund pursuant to such plan, and may provide for reimbursements to the Federal Trust Fund. Requests for reimbursement or transfer pursuant to such a plan shall be furnished to the State Controller in writing by the state agency administering the expenditures accompanied by such financial statements as the plan may provide. Upon order of the State Controller, the required amount shall be transferred in accordance therewith. This section shall become operative July 1, 1979. (Added by Stats. 1978, Ch. 1284.)
  59. 16365.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. )

    Verify source ↗

    Federal timber-harvesting funds received by the state must go into the Federal Trust Fund, and the Controller must allocate and notify counties about payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.5. Federal Trust Fund [16360 - 16365.5] ( Article 1.5 added by Stats. 1978, Ch. 1284. ) ## 16365.5. Any federal funds received by the state as a result of federally administered timber harvesting pursuant to Section 500 of Title 16 of the United States Code, Section 60 of Title 30 of the United States Code, Section 1181f of Title 43 of the United States Code, or any other federal revenue sharing program that relates to timber harvesting shall be deposited in the Federal Trust Fund and allocated by the Controller as follows: (a) Payments that are due to counties shall be made within 30 working days after the date on which they were received from the federal government. (b) A county that has informed the Controller that it prefers to receive its funds by electronic transfer shall have funds transmitted in that manner. (c) The state shall pay interest to eligible counties on these federal funds at a rate equal to the interest accrued in the Pooled Money Investment Account over the term that the funds were held by the state before being paid to eligible counties. (d) The Controller shall notify counties regarding anticipated payments under this section as soon as possible after the state receives the information from the federal government. (Added by Stats. 1999, Ch. 466, Sec. 1. Effective January 1, 2000.)
  60. 16366.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    The section says California should respond quickly to federal block-grant changes and review how federal funds for special population programs are used.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.1. The Legislature hereby finds and declares all of the following: (a) The federal government is proposing significant and fundamental changes in the structure and funding of social services by eliminating or greatly reducing many categorical grants and consolidating them into block grants to be administered by the state. (b) There has been little public debate or discussion on the proposed funding cuts which will result in significant cuts in programs which currently provide jobs, income, food, and medical care to poor people. (c) There currently exist no state statutes, consistent with federal statutes, for establishing need or directing the allocation of resources to categories of client populations to be affected by block grant efforts, and the state must act to so provide immediately. (d) The uncertainty surrounding the substance of the block grant proposals and the proximity of the 1981–82 federal fiscal year does not allow the state the time necessary to develop fair and effective service alternatives without serious disruptions of vital services currently being offered to our needy residents. (e) In order to serve the unique needs of California’s poor people, the state should continue, for the current year, to offer the services presently provided under federal categorical program grants. (f) The Legislature must thoroughly review the use of federal funds affecting special population “categorical” groups in the State of California because of its commitment to maintain the efficient delivery of vital services to the most needy persons in the state. (g) It is the intent of the Legislature that any provision of this article which is inconsistent with federal law shall not be operative. (Added by Stats. 1981, Ch. 1186, Sec. 1.)
  61. 16366.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.2. As used in this article: (a) “Service provider” means any public or private nonprofit agency which provides service directly to categorical populations. (b) “Consolidated program” means any program which the state has the option to fund with the block grant. (c) “Categorical populations” means those recipients of services provided pursuant to a program listed in Section 16366.4. (d) “Block grant funds” shall have the same meaning as defined in federal law in existence on January 1, 1982. (Amended by Stats. 1983, Ch. 142, Sec. 46.)
  62. 16366.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    The state must accept only block grants meeting listed criteria, and only before July 1, 1982.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.3. Federal block grant legislation provides that, for the first fiscal year, states have the option to accept or reject designated block grants. Consistent with this federal policy, the state shall, prior to July 1, 1982, accept only those block grants that meet all of the following criteria: (a) The block grant includes programs and services that the state has previously administered. (b) The block grant program, and funding, has been previously integrated into state and local service systems. (c) The block grant program does not require increased state or local matching funds. (d) There is a distinct advantage as a result of state assumption. (Amended by Stats. 2006, Ch. 538, Sec. 271. Effective January 1, 2007.)
  63. 16366.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    Counties are to be given maximum flexibility when administering federal categorical and block grant programs, as allowed by state planning requirements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.35. Counties shall be granted maximum flexibility in administering federal categorical and block grant programs to the extent permitted by state planning requirements. It is the intent of the Legislature in enacting this section to provide counties maximum flexibility in setting priorities in these programs for any reduced funding. (Added by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 1.1. Effective February 17, 1982.)
  64. 16366.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    The state is directed to assume administrative responsibility for certain federal block grants in the 1981–82 state fiscal year, subject to Section 16366.3 criteria.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.4. (a) Based on the criteria specified in Section 16366.3, the Legislature directs the state to assume administrative responsibility for the following federal block grants in the 1981–82 state fiscal year: (1) Low-income home energy assistance. (2) Social services (pursuant to Title XX of the Social Security Act). (b) Block grant programs not meeting the criteria specified in Section 16366.3, which shall not be assumed by the state until July 1, 1982, include all of the following: (1) Preventive health and health services. (2) Maternal and child health services. (3) Primary care. (4) Alcohol, drug abuse, and mental health services. (5) Community services. (6) Community development. (Added by Stats. 1981, Ch. 1186, Sec. 1.)
  65. 16366.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    For 1981–82, accepted block grants must be paid out as grants and follow this section, with limits on transfers, administrative costs, and funding levels.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.5. For the 1981–82 state fiscal year, block grants which the state chooses to accept and administer shall be disbursed in grant form and shall be governed by the provisions of this section. The provisions of this section, however, shall apply only to the amount retained in the block and not to the amount transferred into another block, as permitted by federal law. The Governor may transfer funds between block grants only in an amount authorized by the Legislature. (a) The Legislature, in cooperation with the appropriate state departments and service providers, shall undertake a study to evaluate the current levels of administrative costs incurred under the Title XX block grant and designate methods for determining and establishing acceptable ceilings for those costs. (b) For the Low-Income Energy Assistance Block Grant, the amount spent during the 1981–82 state fiscal year by the state and by service providers for program administration of all federal categorical and block grant programs shall not exceed the percentage levels of administrative costs incurred in the 1980–81 fiscal year which were approved by the Legislature and reflected in each service provider grant in effect on July 1, 1981. In no event shall these administrative costs exceed 5 percent. (c) The state shall maintain its level of funding for categorical programs consolidated into federal block grants. (Added by Stats. 1981, Ch. 1186, Sec. 1.)
  66. 16366.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    Federal block grant funds must be used for the covered populations, received and held by the Controller in a separate trust fund account, and then disbursed to specified grantees.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.6. (a) The funds shall be used to serve the populations defined in the federal statutes and regulations which governed the federal categorical programs as of January 30, 1981, and which are consolidated into the block grants. (b) Federal funds shall be received by the Controller and held in a separate account of the federal trust fund in accordance with state law governing the administration of federal funds. (c) The funds shall be disbursed to 1980–81 fiscal year grantees of categorical grant programs consolidated into the federal block grants in an amount which reflects the overall change in federal categorical funds which were available in the 1980–81 federal fiscal year. (Added by Stats. 1981, Ch. 1186, Sec. 1. Note: See Stats. 1982, Ch. 1343, Sec. 4.)
  67. 16366.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    California state agencies handling federal block grant funds must implement specified administrative procedures, including audit, reporting, and contract controls, within 60 days.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.7. Since federal block grant funds were reduced by an average of 26 percent during the 1981–82 fiscal year and are proposed for further reductions during the 1982–83 fiscal year, the Legislature declares that the state’s administrative costs and processes must be reduced in order to ensure that maximum funds are available to continue essential direct human services. Therefore, notwithstanding any other provision of law, all of the following state procedures shall be implemented within 60 days after the effective date of this section: (a) All state agencies, offices, or departments administering federal block grant funds shall have the authority, subject to the approval of the Department of Finance, to grant advance payments of federal funds to contractors or local governmental agencies in any amounts as the administering state department deems necessary for startup or continued provision of services or program operation. (b) Departmental service contracts utilizing federal block grant funds shall be exempt from approval by the Department of Finance and the State Department of General Services prior to their execution. Instead, the proper state fiscal controls over federal block grant funds shall be insured by all of the following provisions: (1) State departments that award block grant funds to local agencies shall permit, as appropriate, to the extent that federal funds are available for this purpose, local agencies to provide for federally mandated financial and compliance audits of block grant awards in accordance with the federal audit provisions and standards promulgated by the Comptroller General of the United States, and consistent with the department’s approved audit plan. (2) The Department of Finance, in consultation with the Controller, shall establish fiscal reporting requirements for the departments to use on a quarterly basis with all providers. (3) In the event a contractor has not engaged in a contract for these program purposes before with the state, state administering departments shall have the authority to conduct a preaudit or fund a preaudit by the Controller in order to certify the ability of the contractor to administer the funds. (4) The State Auditor shall provide audit findings regarding each block grant to the Legislature no later than May 1 of each year. (c) Each administering state department shall develop standard definitions for units of service, costs per unit of service, citizen participation processes, and due process notification for clients in relation to diminishing federal funds within 60 days after the effective date of this section and shall incorporate all of these elements into each agreement or contract. (d) To the extent possible, compliance with this section shall be consistent with federal policies and procedures. Reports required under this section shall be combined, where practical, with any other similar reports required by the Legislature and by the federal government. (Amended by Stats. 2003, Ch. 107, Sec. 30. Effective January 1, 2004.)
  68. 16366.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

    Verify source ↗

    This section sets criteria for distributing reduced federal block grant funds and requires counties and state agencies to act within those criteria.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.8. For those programs for which the state does not assume full administrative responsibility under the block grant consolidations reflected in the federal Omnibus Budget Reconciliation Act of 1981, but for which state agencies have continued administrative and funding responsibility, as reflected in the Budget Act of 1981, the following criteria shall be used in allocating any reduced levels of federal funds: (a) The funds shall be utilized for the same purposes as discontinued federal grants. (b) The funds shall serve the special populations which meet the criteria of need required by federal categorical grant legislation and regulation. (c) Funds shall be administered by those state agencies currently administering the funds. (d) To the extent that federal funds are allocated to counties on the basis of county plan submissions to appropriate state agencies, the county plans shall be amended to reflect reduced federal funding. The county shall hold at least one public hearing regarding the proposed changes to the county plans affected. With respect to any plans which are required to be approved by the state, the amended plans shall be approved by the appropriate state agencies and shall comply with the criteria set forth in this section. The approval shall be conducted and completed within 30 days to prevent interruptions in services. (e) The amount expended in the 1981–82 state fiscal year by the state and by service providers for program administration of all federal categorical and block grant programs shall not exceed the percentage levels of administrative costs approved by the Legislature for departments and providers as of July 1, 1981, and reflected in each service provider grant in effect on that date. If a state department finds that compliance with the provisions of this section disproportionately burdens certain programs or categories of clients, the department may withhold up to 5 percent of the total amount awarded to the department for each such categorical grant in order to equalize service levels. (Amended by Stats. 1982, 1st Ex. Sess., Ch. 3, Sec. 1.2. Effective February 17, 1982.)
  69. 16366.81.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    This state policy says federal employment and training block grant funds should be allocated in ways that maximize local control and coordination among local public and private agencies, business, labor, and educational representatives.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.81. It shall be the policy of this state to provide mechanisms for allocating federal employment and training block grant funds which maximize local control and coordination among local public and private agencies, as well as local business, labor and educational representatives. (Added by Stats. 1982, Ch. 566, Sec. 1.)
  70. 16366.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    This section requires the Governor, affected departments, and the Legislature to produce transition-year reviews, summaries, and budget information about federal grant programs and funding reductions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16366.9. (a) The 1981–82 state fiscal year shall be a transition year during which the Legislature shall require certain critical reviews and reports as it deems necessary to assist in developing the policies to govern the state’s assumption of both federal categorical and block grants as contained in the federal Omnibus Budget Reconciliation Act of 1981. The Governor shall instruct state agencies to cooperate fully with the Legislature in complying with this article. (b) All departments affected shall prepare a separate summary of programs, funding levels, contracting progress, and clients affected by funding reductions during the 1981–82 state fiscal year and separately identify the transition programs for which they would have any policy or administrative responsibilities no later than October 15, 1981. The summary of the 1981–82 state fiscal year funding reductions shall be submitted to the Joint Legislative Budget Committee and to the fiscal committee of each house. (c) The Governor shall submit all relevant information, including, but not limited to, program identification, estimates of the types, levels, and distribution of clients affected, and estimates of federal funding levels as part of the proposed budget for the 1982–83 state fiscal year, and shall separately highlight and summarize this information in the proposed budget, incorporating any policy recommendations for the review of the Legislature. (d) The Governor shall submit for the review of the Legislature at the same time a proposal for the structural and administrative organization of all federal programs to be administered by the state as of July 1, 1982. (Amended by Stats. 1988, Ch. 160, Sec. 61.)
  71. 16367.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    The department must administer the federal block grant, allocate funds in specified percentages, contract for outreach and intake, and follow limits and conditions for energy assistance and weatherization funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.5. The Department of Community Services and Development shall receive and administer the federal Low-Income Home Energy Assistance Program Block Grant, provided for pursuant to the Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.C. Sec. 8621 et seq.). The department shall afford local service providers maximum flexibility and control, within the parameters of federal and state law, in the planning, administration, and delivery of Low-Income Home Energy Assistance Program Block Grant services. Local service providers shall be defined as private, nonprofit, and public agencies designated in accordance with Public Law 97-35, as amended. The formation of service regions beyond those that were in place in 1995, or those that were in place in Los Angeles County in January 1997, shall occur only with the concurrence of service providers within the proposed regions. The department shall allocate funds received as follows: (a) For federal fiscal year 1998, up to 7.3 percent of the state’s total federal allocation for the Low-Income Home Energy Assistance Program shall be retained by the Department of Community Services and Development for purposes of overall planning and administration. The department shall spend at least 2.3 percent of this 7.3 percent on activities to improve the administrative efficiency of the program. At least 2.7 percent of the state’s total federal allocation of the Low-Income Home Energy Assistance Program shall be allocated to local service providers for purposes of planning and administration. For federal fiscal year 1999, up to 6 percent of the state’s total federal allocation of the Low-Income Home Energy Assistance Program shall be retained by the Department of Community Services and Development for purposes of overall planning and administration. The department shall spend at least 1 percent of this 6 percent on activities to improve the administrative efficiency of the program. At least 4 percent of the state’s total federal allocation for the Low-Income Home Energy Assistance Program shall be allocated to local service providers for purposes of planning and administration. Beginning in federal fiscal year 2000, up to 5 percent of the state’s total federal allocation for the Low-Income Home Energy Assistance Program shall be retained by the Department of Community Services and Development for purposes of overall planning and administration. At least 5 percent of the state’s total federal allocation for the Low-Income Home Energy Assistance Program shall be allocated to local service providers for purposes of planning and administration. Upon achievement of administrative efficiencies, or no later than June 30, 2001, the department and the local service providers committee established pursuant to subdivision (j) shall examine the appropriate split of administrative funding between the state and local services providers necessary to achieve the intent of federal law regarding the Low-Income Home Energy Assistance Program. The department shall not retain more than 5 percent of the state’s total federal allocation for the Low-Income Home Energy Assistance Program. (b) Services under this section shall be available to households in which one or more individuals are receiving: (1) Temporary Assistance for Needy Families under the state’s plan approved under Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code. (2) Supplemental Security Income payments under Title XVI of the federal Social Security Act (42 U.S.C. Sec. 1381 et seq.) and Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code. (3) County general assistance under Part 5 (commencing with Section 17000) of Division 9 of the Welfare and Institutions Code. (4) CalFresh benefits received under the federal Supplemental Nutrition Assistance Program of the federal Food and Nutrition Act of 2008 pursuant to Chapter 10 (commencing with Section 18900) of Part 6 of Division 9 of the Welfare and Institutions Code. (5) Payments under Section 415, 521, 541, or 542 of Title 38 of the United States Code, or under Section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978. (6) Households with incomes that do not exceed the greater of: (A) An amount equal to 150 percent of the poverty level for this state. (B) An amount equal to 60 percent of the state median income, except that no household may be excluded from eligibility solely on the basis of household income if that income is less than 110 percent of the poverty level for this state, but priority may be given to those households with the highest home energy costs or needs in relation to household income. (c) An amount of not less than 15 percent and up to the maximum allowed by federal law of the total federal allocation shall be allocated for weatherization services for eligible individuals. For each program year, to the extent that the state is eligible, the Department of Community Services and Development shall apply to the appropriate federal agencies for any waivers that may be necessary to ensure that the amount available for the purposes of this subdivision will be the maximum amount allowable under federal law. For the purposes of this subdivision, weatherization shall include all energy conservation measures and energy efficient appliances that are cost effective and improve energy efficiency. The department shall allocate 5 percent of the weatherization program allocation to local service providers for outreach and related activities. (d) At the discretion of local service providers, the state shall allocate the maximum amount allowable under federal law to local service providers to provide services that encourage and enable households to reduce their home energy needs, thus reducing the need for energy assistance, including needs assessments, counseling, and assistance with energy vendors, in accordance with Section 2605(b)(16) of Public Law 97-35, as amended. (e) Based on data from prior years, a reasonable amount of available funds, as determined jointly by the department and the local service providers, shall be reserved until March 15 of each program year for the Energy Crisis Intervention Program. Local service providers shall submit proposed funding levels with supporting data to the department in a timely manner for inclusion in the state plan. The department shall approve local funding requests that are determined to be in compliance with federal law. These funds shall only be used for emergency assistance to eligible individuals for programs specified in this subdivision, who give evidence of one or more of the following conditions: (1) Proof of utility shutoff notice. (2) Proof of energy termination. (3) Insufficient funds to establish a new energy account. (4) Insufficient funds to pay a delinquent utility bill. (5) Insufficient funds to pay the cost of space heating devices where no alternative source of space heating is reasonably available. (6) Insufficient funds to pay for essential firewood, oil, or propane. (7) Insufficient funds to pay for the cost of emergency repairs to heating and cooling units, the emergency replacement of heating and cooling units, or both. (8) Insufficient funds to pay energy costs for a household where a household member’s medical condition requires use of life support or climate and temperature control systems. (9) Other conditions that may be included in the state plan. The energy crisis intervention program shall not include advocacy, community mobilization, or community planning. After March 15 of each program year, local administrative agencies shall have the option of continuing to offer energy crisis intervention services or of reallocating a portion of or all unspent energy crisis intervention funds into direct assistance payment services. The department shall allocate 5 percent of the energy crisis intervention program allocation to the local service providers for outreach and related services. The Department of Community Services and Development shall retain all funds associated with Energy Crisis Intervention Program payments for gas and electric utility service, and shall make payments for eligible households’ gas or electric service accounts directly to the utilities. The department may use alternative payment methods when direct payments to the utilities have not been arranged. (f) The remainder of the total federal allocation shall be utilized for aid for home energy costs for direct assistance payments. The department shall retain all funds associated with Home Energy Assistance Program direct assistance payments for gas and electric utility service, and shall make payments for eligible households’ gas or electric service accounts directly to the utilities. The department may use alternative payment methods when direct payments to the utilities have not been arranged. (g) The Department of Community Services and Development shall contract with local public or private nonprofit agencies, or both, to provide outreach, intake, and other activities to enroll eligible individuals in the program components prescribed by this section. (h) The program components provided for in this section shall include activities to enroll households that have the highest home energy needs as determined by taking into account both the energy burden of these households, and the unique situation of these households that results from having members of vulnerable populations, including very young children, individuals with disabilities, and frail older individuals, as provided for by Section 2603(3) of Public Law 97-35, as amended, and to educate recipients about general energy conservation practices and about the availability of state and utility programs for free weatherization of low-income homes. (i) The department shall allocate 5 percent of the direct assistance payment funds to the local service providers for outreach and related services in operating the direct home energy assistance payment program. (j) The department shall establish a local service providers committee to act in an advisory capacity in the development of the annual Low-Income Home Energy Assistance Program state plan. The membership of the committee shall include one voting representative chosen by each local service provider that has a Low-Income Home Energy Assistance Program contract with the state and one representative of each interested utility company. Each local service provider may, at its option, assign its vote in writing to another entity, such as a provider association, to represent its interests. (Amended by Stats. 2012, Ch. 728, Sec. 70. (SB 71) Effective January 1, 2013.)
  72. 16367.55.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    The section lets the Department consider energy-cost differences when setting benefit payments, gives applicants a right to file and get a prompt decision, requires service providers to take applications at accessible sites and help physically infirm low-income people apply, and sets a 48-hour or 18-hour assistance deadline after application.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.55. (a) In determining the maximum allowable annual payment of Energy Crisis Intervention Program benefits for eligible households under Section 16367.5, the Department of Economic Opportunity may take into consideration the energy cost variations between baseline territories as established by the Public Utilities Commission or between counties within the state. (b) Persons applying for benefits under this subdivision shall be entitled to submit an application for benefits at the designated community agencies during regular business hours. Applications shall be accepted and eligibility shall be determined immediately after the applicant has provided the evidence required under this subdivision. If the application is denied, the applicant shall be given a written statement of the reason for denial, availability of a fair hearing to contest denial, and procedure for exercising hearing rights. (c) Service providers of energy crisis benefits shall accept applications for energy crisis benefits at sites that are geographically accessible to all households in the areas served by the providers. Service providers shall provide to low-income persons who are physically infirm, the means to do either of the following: (1) Submit applications for energy crisis benefits without leaving their residence. (2) Travel to the sites at which applications for energy crisis benefits are accepted. (d) Persons eligible for energy crisis benefits shall receive some form of assistance to resolve the energy crisis not later than 48 hours after applying for the benefits. If, however, the person eligible for energy crisis benefits faces a life threatening situation, that person shall receive some form of assistance immediately and in no case later than 18 hours after applying for the benefits. (Amended by Stats. 1987, Ch. 465, Sec. 1.)
  73. 16367.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    The Department of Economic Opportunity must receive and administer certain energy assistance funds, issue a procedure by November 1, 1984, consult specified stakeholders, and may adjust or redirect payments in special circumstances.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.6. (a) The Department of Economic Opportunity shall receive and administer all state and federal funds which are allocated for programs to provide energy assistance to qualified low-income individuals only, except for those funds which are allocated to, and distributed by, the California Energy Extension Service. (b) No later than November 1, 1984, the Department of Economic Opportunity shall promulgate a comprehensive procedure to assure that those energy assistance funds are utilized in the most productive and efficient manner, including a distribution system whereby all funds allocated for direct assistance payments are distributed by state and local agencies directly to the electrical or gas corporations or other suppliers of energy on behalf of the qualified low-income individuals or by two-party checks made payable to both the energy supplier and the individual. In establishing this system, the Department of Economic Opportunity shall consult with representatives of electrical or gas corporations or other suppliers of energy and with local agencies that participate in distributing assistance funds. The Department of Economic Opportunity shall have the discretion to adjust payments to the energy supplier or the individual or to make direct payments to the individual for payment to an energy supplier in special or unique circumstances not otherwise provided for in this section. (Amended by Stats. 1992, Ch. 711, Sec. 44. Effective September 15, 1992.)
  74. 16367.61.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    The Department of Economic Opportunity must contract with nonprofit organizations during the 1986 program year to run pilot programs and demonstration projects for administrative improvements in the Low-Income Home Energy Assistance Program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.61. In order to make administrative improvements in the Low-Income Home Energy Assistance Program components provided for in subdivisions (c), (d), and (e) of Section 16367.5, the Department of Economic Opportunity shall contract, during the 1986 program year, with nonprofit organizations to implement pilot programs and demonstration projects including, but not limited to, all of the following: (a) Decentralization of the Low-Income Home Energy Assistance Program providing benefits to eligible individuals. (b) A trust account system for the payment of utility companies by contractors on behalf of eligible individuals. (c) An electronic transfer payment system between the Department of Economic Opportunity, commercial banks, local administering agencies, and participating energy suppliers. (d) Analyze the Department of Economic Opportunity operated weatherization programs provided for under subdivision (c) of Section 16367.5, using utility-funded programs as models, and recommend techniques to increase efficiency and provide maximum energy savings for dollars spent. (Amended by Stats. 1986, Ch. 125, Sec. 3.)
  75. 16367.65.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    The Department of Economic Opportunity may enter into an agreement with the California Energy Extension Service to provide technical assistance and outreach programs for low-income individuals and energy agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.65. The Department of Economic Opportunity may enter into an agreement with the California Energy Extension Service to provide technical assistance and outreach programs to low-income individuals and the Department of Economic Opportunity energy agencies which shall include, but not be limited to, all of the following: (a) Energy education programs for recipients of low-income energy assistance. (b) Energy education to senior citizens, disabled individuals, Native Americans, seasonal migrant workers, and rural communities. (c) Training programs and technical assistance for community action agencies and community-based organizations and other groups which administer the low-income home energy assistance programs at the local level. (Amended by Stats. 1986, Ch. 125, Sec. 4.)
  76. 16367.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    The Department must pay loan interest for certain delayed Energy Crisis Intervention Program funding, unless the delay was caused by an incomplete application or report and the department promptly notified the organization or agency.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.7. Whenever the Department of Economic Opportunity does not allocate Energy Crisis Intervention Program funds on schedule to a community-based organization or community action agency and the organization or agency finds it necessary to obtain a loan in order to cover its program costs, the department shall pay any interest charges on the loan out of the funds budgeted for the administration of the department, unless the failure to allocate is due to an incomplete application or report and the department promptly gives notice of this fact to the organization or agency. Any interest payable by the department pursuant to this section shall be paid by the Controller to the organization or agency from available funds in the department’s budget. If any interest charge is paid by the department pursuant to this section, the department shall report this fact to the Legislature and describe what actions are being taken to prevent additional payments of interest charges. (Amended by Stats. 1987, Ch. 56, Sec. 75.)
  77. 16367.71.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    If a warrant issued under Section 16367.5 or 16367.6 is unclaimed, or the claimant cannot be found, for six months after disbursement, its face amount must be credited back to the fund it was drawn from.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.71. Notwithstanding any other provision of law, whenever a warrant distributed pursuant to Section 16367.5 or 16367.6 remains unclaimed, or the claimant cannot be found, for a period of six months following its disbursement, the face amount of the unclaimed warrant shall revert and be credited to the fund against which the warrant was drawn. (Added by Stats. 1985, Ch. 1604, Sec. 9.)
  78. 16367.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. )

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    Certain local advisory bodies for federal block grant funds must include older persons in their membership in proportion to the local older population, as nearly as possible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1.7. Federal Block Grant Funds [16366.1 - 16367.8] ( Article 1.7 added by Stats. 1981, Ch. 1186, Sec. 1. ) ## 16367.8. Any advisory agency, commission, or other entity established by any city, county, or special district relative to the application for or use of federal block grant funds shall include in its membership older persons, as defined by Section 9103 of the Welfare and Institutions Code, in such numbers as to proportionately reflect in the membership of the agency, commission, or other entity, as nearly as possible, the population of persons 60 years of age or older residing within the jurisdiction of the city, county, or special district as indicated in the most recent national decennial census. The older persons appointed pursuant to this section shall be drawn, where possible, from the membership of existing agencies, commissions, or other entities established by the city, county, or special district relative to the subject of aging. (Added by Stats. 1983, Ch. 832, Sec. 2.)
  79. 16370.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    The Special Deposit Fund in the treasury continues to exist, holds money paid into it in trust under law, and is appropriated for the purposes tied to those payments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16370. The Special Deposit Fund in the treasury is continued in existence. It consists of money which is paid into it in trust pursuant to law. The fund is appropriated to fulfill the purposes for which payments into it are made. (Added by Stats. 1945, Ch. 121.)
  80. 16371.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    State agencies may pay qualifying trust funds into the Special Deposit Fund in trust, but recovery rights remain to carry out the trust’s purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16371. Trust funds which have come into the possession of any agency of the State may be paid into the Special Deposit Fund in trust, subject to the right of recovery to fulfill the purposes of the trust. (Added by Stats. 1945, Ch. 121.)
  81. 16372.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    Money collected by a State agency for specific purposes must be credited to the Special Deposit Fund if no other treasury fund has been created for it.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16372. Whenever any law provides for the payment of money into the treasury which has been collected or received for specific purposes by any State agency, and no fund has been created in the treasury to which it is to be credited, the money shall be credited to the “Special Deposit Fund,” and shall be held subject to the right of the State agency to recover it, on claims properly presented, for fulfilling the purposes for which the money was collected or received. (Added by Stats. 1945, Ch. 121.)
  82. 16373.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    Unclaimed money held by a state agency may be placed in the Special Deposit Fund, and certain small unclaimed inmate or offender trust-account balances must be forfeited and transferred to specified funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16373. (a) Money that has remained unclaimed in the hands of any state agency, or for which the claimant cannot be found, may be deposited in the Special Deposit Fund in trust and may be withdrawn in the same manner as other trust money. Unclaimed money of five dollars ($5) or less in an inmate’s trust account after he or she has been paroled shall be forfeited, and deposited in the Inmate Welfare Fund of the Department of Corrections in the State Treasury. (b) When the Director of the Youth Authority has in his or her possession trust account money of an offender committed to or housed in the Department of the Youth Authority, any unclaimed offender trust account money of five dollars ($5) or less shall be forfeited on the date of discharge, or one year from the date of escape or absconding from the Department of the Youth Authority supervision, and shall be deposited in the Benefit Fund to be expended pursuant to Section 1752.5 of the Welfare and Institutions Code. (Amended by Stats. 2000, Ch. 481, Sec. 1. Effective January 1, 2001.)
  83. 16374.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    The Treasurer must hold certain unclaimed trust money for the claimant for two years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16374. Whenever any money has been deposited in trust in the Treasury by any state agency because it has remained unclaimed, or the claimant cannot be found, the Treasurer shall hold it for the claimant for a period of two years and if it is not paid within that period, the amount so deposited shall revert to and become a part of the General Fund, except that the face amount of each unclaimed warrant deposited pursuant to Section 16373 shall revert and be credited by the Controller to the fund against which the warrant was drawn. (Amended by Stats. 1953, Ch. 539.)
  84. 16375.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    The Controller must keep an accurate account of money deposited in the Special Deposit Fund for each agency that makes a deposit.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16375. The Controller shall keep an accurate account of all money deposited in the Special Deposit Fund for each respective agency making such a deposit. (Added by Stats. 1945, Ch. 121.)
  85. 16376.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    Funds held in trust in the State Treasury for the California State Historical Association are transferred to the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16376. All funds on deposit in trust in the State Treasury for the use and benefit of the California State Historical Association are hereby transferred to the General Fund. (Added by Stats. 1951, Ch. 557.)
  86. 16377.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. )

    Verify source ↗

    This section permanently establishes the Child Support Intercept Account in the Special Deposit Fund in the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2. Special Deposit Fund [16370 - 16378] ( Article 2 added by Stats. 1945, Ch. 121. ) ## 16377. There is permanently established in the Special Deposit Fund in the State Treasury the Child Support Intercept Account which shall be continuously available pursuant to Section 16372 for the payment of child and spousal support obligations. The account shall consist of all moneys obtained by the state pursuant to child and spousal support intercept programs. (Added by Stats. 1989, Ch. 155, Sec. 1.)
  87. 16379.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2.5. State Motor Vehicle Insurance Account [16378 - 16379] ( Article 2.5 added by Stats. 1978, Ch. 1079. )

    Verify source ↗

    Money collected by the Department of General Services under Section 11290 must be deposited into the account and is continuously appropriated for the purposes stated in Section 11290.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 2.5. State Motor Vehicle Insurance Account [16378 - 16379] ( Article 2.5 added by Stats. 1978, Ch. 1079. ) ## 16379. Amounts collected by the Department of General Services pursuant to subdivision (a) of Section 11290 shall be deposited in the account and such amounts are continuously appropriated for the purposes set forth in subdivision (a) of Section 11290. (Added by Stats. 1978, Ch. 1079.)
  88. 16380.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. )

    Verify source ↗

    This article does not apply to the Unemployment Fund or the Unemployment Administration Fund created by the Unemployment Insurance Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. ) ## 16380. This article does not apply to the Unemployment Fund or the Unemployment Administration Fund created by the Unemployment Insurance Act. (Added by Stats. 1945, Ch. 122.)
  89. 16381.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. )

    Verify source ↗

    The General Cash Revolving Fund continues to exist. If the Governor, in writing and at the Controller’s request, finds the General Fund has insufficient cash for payments authorized by law, the Governor may direct the Controller to transfer money from special funds and other State accounts to that revolving fund until the determination is revoked in writing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. ) ## 16381. The General Cash Revolving Fund in the treasury is continued in existence. Whenever the Governor, upon request of the Controller, determines in writing that there is insufficient cash in the General Fund to meet payments authorized by law, and until his determination is revoked in writing by the Governor, the Governor may direct the Controller to make transfers of money from any special funds and other State accounts to the General Cash Revolving Fund. (Added by Stats. 1945, Ch. 122.)
  90. 16382.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. )

    Verify source ↗

    The article bars transfers that would interfere with the purpose of a special fund or State account, and says retransfers to those funds or accounts must be made on the Governor’s order and in time to preserve their purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. ) ## 16382. This article does not authorize any transfer which will interfere with the carrying out of the object for which a special fund or other State account was created. Retransfers to special funds and other State accounts shall be made on order of the Governor in season so that the objects for which they were created may be carried out. (Added by Stats. 1945, Ch. 122.)
  91. 16383.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. )

    Verify source ↗

    The Controller may draw warrants on the General Cash Revolving Fund, and the Treasurer may pay those warrants, subject to available amounts, audited demands, and Department of General Services rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. ) ## 16383. Warrants may be drawn by the Controller against the General Cash Revolving Fund, to the extent of the amounts available, in accordance with demands audited pursuant to law and rules and regulations prescribed from time to time by the Department of General Services, and also to meet other payments provided by law to be made from the General Fund. The Treasurer may pay from the General Cash Revolving Fund the warrants so drawn. (Amended by Stats. 2016, Ch. 31, Sec. 140. (SB 836) Effective June 27, 2016.)
  92. 16384.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. )

    Verify source ↗

    The General Cash Revolving Fund must be reimbursed under the rules in Chapter 2, Part 4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 3. General Cash Revolving Fund [16380 - 16384] ( Article 3 added by Stats. 1945, Ch. 122. ) ## 16384. The General Cash Revolving Fund shall be reimbursed as provided in Chapter 2, Part 4. (Added by Stats. 1945, Ch. 122.)
  93. 16390.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. )

    Verify source ↗

    This section creates the State Pay Roll Revolving Fund in the State Treasury and allows it to be used for paying state officers and employees, withheld amounts required by law, and refunds under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. ) ## 16390. A revolving fund in the State Treasury is hereby created, to be known as the State Pay Roll Revolving Fund, which fund may be utilized for the payment of compensation to officers and employees of the State and all amounts withheld therefrom pursuant to law, and for the payment of refunds as provided in this article. (Added by Stats. 1949, Ch. 929.)
  94. 16391.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. )

    Verify source ↗

    The Controller may direct payroll-related payments and transfers involving the State Pay Roll Revolving Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. ) ## 16391. The Controller may, from time to time, provide that compensation due officers and employees, and amounts withheld therefrom pursuant to law, where properly chargeable to appropriations made from funds in the State Treasury, shall be paid by Controller’s warrant drawn against the State Pay Roll Revolving Fund. The amount to be disbursed from the State Pay Roll Revolving Fund at any time shall be determined by the Controller, and on his order shall be transferred from the fund and appropriation otherwise properly chargeable therewith, to the State Pay Roll Revolving Fund. (Added by Stats. 1949, Ch. 929.)
  95. 16391.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. )

    Verify source ↗

    The Controller may move specified contribution amounts into the State Pay Roll Revolving Fund, and may later transfer certified amounts out to two retirement-related funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. ) ## 16391.1. The Controller may transfer to the State Pay Roll Revolving Fund the contributions required by Sections 20751, 20752, 20782, 20783, 22881, and 22883, and upon certification by the Board of Administration of the Public Employees’ Retirement System in accordance with Sections 20754 and 20784, may transfer from the State Pay Roll Revolving Fund to the Public Employees’ Retirement Fund and the Old Age and Survivors’ Insurance Revolving Fund the amounts of contributions so certified. (Amended by Stats. 2004, Ch. 69, Sec. 11. Effective June 24, 2004.)
  96. 16392.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. )

    Verify source ↗

    Refunds from the State Pay Roll Revolving Fund must be deposited back into that fund and then transferred to the original fund and appropriation on the Controller’s order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. ) ## 16392. Refunds of amounts disbursed from the State Pay Roll Revolving Fund shall, on order of the Controller, be deposited in the State Pay Roll Revolving Fund and, on order of the Controller, shall be transferred forthwith from such fund to the fund and appropriation from which such amount was originally derived. (Added by Stats. 1949, Ch. 929.)
  97. 16393.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. )

    Verify source ↗

    The Controller must refund any amount that was paid into the State Pay Roll Revolving Fund by mistake.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. ) ## 16393. Any amount erroneously paid into the State Pay Roll Revolving Fund shall be refunded by the Controller. (Added by Stats. 1949, Ch. 929.)
  98. 16394.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. )

    Verify source ↗

    Amounts added to the State Pay Roll Revolving Fund because of canceled warrants must be transferred, on the Controller’s order, back to the fund that would originally have paid them.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. ) ## 16394. All amounts increasing the cash balance in the State Pay Roll Revolving Fund pursuant to the cancellation of warrants issued therefrom shall, on order of the Controller, be transferred to and in augmentation of the cash balance of the fund from which the amount covered by such canceled warrant would originally have been paid, had such amount not been paid from the State Pay Roll Revolving Fund. (Added by Stats. 1949, Ch. 929.)
  99. 16395.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. )

    Verify source ↗

    Compensation paid from the State Pay Roll Revolving Fund is treated as if it came from the original source fund when figuring which fund pays certain retirement-related contributions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. State Pay Roll Revolving Fund [16390 - 16395] ( Article 4 added by Stats. 1949, Ch. 929. ) ## 16395. For the purpose of determining the fund or funds from which the state’s contributions to the Public Employees’ Retirement Fund under Chapter 6 of Part 3 of Division 5 of Title 2 of this code and the contributions required of an employer under Chapter 3 of Part 3.5 of Division 5 of Title 2 of this code shall be paid, any compensation paid to state officers and employees from the State Pay Roll Revolving Fund shall be deemed to have been paid from the fund or funds from which the money disbursed from the State Pay Roll Revolving Fund in payment of such compensation was originally derived. (Amended by Stats. 1972, Ch. 590.)
  100. 16400.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    State agencies with appropriations may draw revolving-fund money from the appropriation, subject to percentage limits and approvals.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16400. (a) Any state agency for which an appropriation is made, may, without at the time furnishing vouchers and itemized statements, draw from that appropriation for use as a revolving fund any of the following: (1) A sum not to exceed 3 percent of the total amount of the appropriation. (2) With the approval of the Director of Finance, a sum in excess of 3 percent but not in excess of 10 percent of the total amount of the appropriation. (3) With the approval of the Director of Finance and the Controller, a sum in excess of 10 percent of the total amount of the appropriation. (b) With the approval of the Director of Finance, any deficiency or shortfall in a state agency’s revolving fund established pursuant to subdivision (a) may be replenished from an existing appropriation designated by the agency. (Amended by Stats. 1994, Ch. 726, Sec. 17. Effective September 22, 1994.)
  101. 16401.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    A revolving fund drawn under Section 16400 may be used only for certain payments and only in accordance with law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16401. Any revolving fund drawn under the provisions of Section 16400 may only be used in accordance with law for payment of compensation earned, traveling expenses, traveling expense advances, or where immediate payment is otherwise necessary. (Amended by Stats. 1994, Ch. 726, Sec. 18. Effective September 22, 1994.)
  102. 16401.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    The California State Lottery may use its continuous appropriation to make immediate payments through its revolving fund to prizewinners of $100,000 or less, if supporting regulations are adopted by the California State Lottery Commission.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16401.5. (a) Notwithstanding Sections 16400 and 16401, the California State Lottery may draw funds from its continuous appropriation for the purpose of making immediate payment through its revolving fund to California State Lottery prizewinners of one hundred thousand dollars ($100,000) or less, provided that regulations to support the action are adopted by the California State Lottery Commission. The California State Lottery shall be subject to all reporting and compliance requirements mandated by this article. (b) The California State Lottery shall maintain records of all payments made pursuant to subdivision (a). (Amended by Stats. 2025, Ch. 332, Sec. 1. (SB 859) Effective January 1, 2026.)
  103. 16402.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    The Controller may, if a state agency requests it, credit all or part of a revolving fund as repayment instead of withdrawing the fund from the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16402. In lieu of actually withdrawing such revolving fund from the State Treasury, the Controller may in his discretion, upon request of the state agency for which the appropriation was made, apply and credit the amount of such revolving fund, or any portion thereof, as repayment and return of any existing revolving fund to the appropriation from which it was withdrawn by such state agency. (Added by Stats. 1949, Ch. 255.)
  104. 16403.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    State agencies that withdraw revolving funds remain accountable, disbursements must be supported by vouchers audited by the Controller, and the Department of Finance or the Controller may demand accounting and itemized statements for any revolving fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16403. Any state agency that withdraws a revolving fund shall remain fully accountable therefor. All disbursements must be substantiated by vouchers filed with and audited by the Controller. Disbursements may be reported, substantiated by vouchers, from time to time to the Controller in connection with claims for reimbursement of the revolving fund. At any time upon the demand of the Department of Finance or the Controller, every revolving fund must be accounted for and substantiated by vouchers and itemized statements submitted to and audited by the Controller. (Amended by Stats. 1953, Ch. 166.)
  105. 16404.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    A state agency may draw a confidential-purpose advance from an available appropriation, but it must provide a secrecy certificate, stay within the $2,000 yearly cap, and later account to the Controller.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16404. Where the duties of any state agency for which an appropriation is available make necessary the use of moneys for purposes of a confidential nature, such state agency may, without at the time furnishing vouchers and itemized statements, draw from such appropriation an advance for such confidential purposes. Except for withdrawals by the Attorney General as provided in Section 12572 of this code, the total amount allowed any state agency for such confidential purposes shall not exceed two thousand dollars ($2,000) in any one fiscal year. Claim for such an advance is exempt from Section 925.6 of this code, but shall be accompanied by a certificate of the purpose and necessity for secrecy. The state agency shall remain fully accountable for any amount thus advanced, and when the reason for the secrecy no longer exists, or, in any event, within one year after such amount is withdrawn, must account therefor to the Controller who shall require vouchers in substantiation of all disbursements and make such audit as may be necessary. (Amended by Stats. 1968, Ch. 449.)
  106. 16404.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    The Department of Corrections may withdraw up to $10,000 per fiscal year for confidential use, and must account for the withdrawals to the Controller at fiscal year end.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16404.5. Notwithstanding Section 16404, the Department of Corrections may withdraw funds for confidential use in an amount not to exceed ten thousand dollars ($10,000) per fiscal year. The sums so withdrawn may be used as a revolving fund where cash advances are necessary. At the close of each fiscal year, the department shall account for and substantiate to the Controller the amount of moneys so withdrawn during that fiscal year with vouchers and itemized statements, exclusive of names and locations, along with a certificate of the purpose and necessity for secrecy. The Controller is authorized to perform audits of these vouchers and itemized statements as may be necessary. (Added by Stats. 1999, Ch. 917, Sec. 1. Effective January 1, 2000.)
  107. 16405.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. )

    Verify source ↗

    State agencies and persons may not use or disburse money withdrawn under this article for any purpose unless the use is authorized by law.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Revolving Funds and Advances [16400 - 16405] ( Article 5 added by Stats. 1949, Ch. 255. ) ## 16405. No state agency or person shall use or disburse any money withdrawn under the provisions of this article for any purpose whatever, unless authorized by law. (Added by Stats. 1949, Ch. 255.)
  108. 16407.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5.5. Capital Outlay and Savings Fund [16407- 16407.] ( Article 5.5 added by Stats. 1953, Ch. 1440. )

    Verify source ↗

    The Capital Outlay and Savings Fund in the State Treasury is abolished, its money is moved to the General Fund, and prior appropriations from the fund remain payable from the General Fund for the same purposes and periods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5.5. Capital Outlay and Savings Fund [16407- 16407.] ( Article 5.5 added by Stats. 1953, Ch. 1440. ) ## 16407. The Capital Outlay and Savings Fund in the State Treasury is abolished. All money credited to the Capital Outlay and Savings Fund is transferred to the General Fund. All appropriations heretofore made from the Capital Outlay and Savings Fund shall be payable, for the same purposes and periods, from the General Fund. (Amended by Stats. 1959, Ch. 1259.)
  109. 16410.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Revenue Deficiency Reserve Fund [16410 - 16412] ( Article 6 added by Stats. 1953, Ch. 170. )

    Verify source ↗

    The Revenue Deficiency Reserve Fund in the Treasury continues to exist, and money may be transferred into it when authorized by the Legislature.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Revenue Deficiency Reserve Fund [16410 - 16412] ( Article 6 added by Stats. 1953, Ch. 170. ) ## 16410. The Revenue Deficiency Reserve Fund in the Treasury is continued in existence to meet the needs of the State for General Fund revenues when revenues from taxes, fees, and other sources do not equal the estimate for revenues as set forth in the fiscal year budget. There shall be transferred into this fund such amounts as may be authorized by the Legislature. (Added by Stats. 1953, Ch. 170.)
  110. 16411.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Revenue Deficiency Reserve Fund [16410 - 16412] ( Article 6 added by Stats. 1953, Ch. 170. )

    Verify source ↗

    If the Governor, Controller, and Director of Finance determine General Fund revenues are below the budget estimate, they may jointly authorize a transfer from the Revenue Deficiency Reserve Fund to the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Revenue Deficiency Reserve Fund [16410 - 16412] ( Article 6 added by Stats. 1953, Ch. 170. ) ## 16411. Whenever the Governor, Controller, and Director of Finance determine that the General Fund revenues for any fiscal year commencing on or after July 1, 1947, are below the amount estimated in the budget submitted by the Governor to the Legislature for the fiscal year, they may jointly authorize the transfer from the Revenue Deficiency Reserve Fund to the General Fund of an amount equal to the difference between the actual revenues received for the General Fund and the amount which it was estimated would be received. (Added by Stats. 1953, Ch. 170.)
  111. 16412.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Revenue Deficiency Reserve Fund [16410 - 16412] ( Article 6 added by Stats. 1953, Ch. 170. )

    Verify source ↗

    Money in the Revenue Deficiency Reserve Fund may be temporarily loaned to the General Fund with joint authorization from the Governor, Controller, and Director of Finance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Revenue Deficiency Reserve Fund [16410 - 16412] ( Article 6 added by Stats. 1953, Ch. 170. ) ## 16412. The money in the Revenue Deficiency Reserve Fund may be loaned temporarily to the General Fund upon the joint authorization of the Governor, Controller, and Director of Finance during any fiscal year in anticipation of the receipt of revenue from taxes, fees, and other sources required to be paid into the General Fund during the fiscal year. The money loaned shall be repaid during the same fiscal year from revenue received from such taxes, fees, and other sources as such revenues are received, to the extent that such revenues are not necessary for current expenditures payable out of the General Fund. If any money temporarily loaned remains unpaid at the close of the fiscal year, it shall be deemed a transfer from the Revenue Deficiency Reserve Fund to the General Fund to the same extent as if it were transferred pursuant to Section 16411. (Added by Stats. 1953, Ch. 170.)
  112. 16415.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7. United States Flood Control Receipts Fund [16415 - 16417] ( Article 7 added by Stats. 1953, Ch. 1679. )

    Verify source ↗

    Money the State receives from the United States for flood-control land distributions must be credited to the United States Flood Control Receipts Fund and then paid to the counties where the flood-control lands are located.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7. United States Flood Control Receipts Fund [16415 - 16417] ( Article 7 added by Stats. 1953, Ch. 1679. ) ## 16415. All money received by the State from the United States in pursuance of any act of Congress providing for the distribution and payment to states and territories of a fixed percentage of the money received by the United States from the land acquired in the State for flood control purposes shall be credited to the United States Flood Control Receipts Fund, which fund is continued in the State Treasury, and shall be disposed of, pursuant to the act of Congress, by the payment of the money to the several counties in which the flood control lands are situated. The payments made to each county from the receipts of any given parcel of federal flood control land shall be in the proportion which the area of the parcel situated in the county bears to the total area of such parcel. (Added by Stats. 1953, Ch. 1679.)
  113. 16416.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7. United States Flood Control Receipts Fund [16415 - 16417] ( Article 7 added by Stats. 1953, Ch. 1679. )

    Verify source ↗

    The Controller must record flood control money received for each county, draw annual warrants by June 30 for counties entitled to payment, and the Treasurer must pay those warrants.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7. United States Flood Control Receipts Fund [16415 - 16417] ( Article 7 added by Stats. 1953, Ch. 1679. ) ## 16416. The Controller shall keep a record of the money received from the United States on account of the federal flood control land in each county in this State. On or before June 30th of each year, he shall draw his warrant in favor of the treasurer of each county entitled to payment pursuant to this article. The Treasurer shall pay the warrants. All money deposited in the United States Flood Control Receipts Fund is appropriated to be apportioned to the counties of this State pursuant to this article. (Added by Stats. 1953, Ch. 1679.)
  114. 16417.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7. United States Flood Control Receipts Fund [16415 - 16417] ( Article 7 added by Stats. 1953, Ch. 1679. )

    Verify source ↗

    County auditors must immediately split qualifying payments: 50% goes to the road fund, and the rest is divided among school and community college districts based on attendance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7. United States Flood Control Receipts Fund [16415 - 16417] ( Article 7 added by Stats. 1953, Ch. 1679. ) ## 16417. The auditor of any county receiving a payment of money pursuant to this article shall immediately apportion the money by placing 50 percent to the credit of the road fund. The remaining 50 percent shall be divided between school and community college districts where the lands are located, with the division based on attendance. The portion attributable to school districts shall be placed to the credit of the county school service fund of the county. The portion attributable to community college districts shall be paid directly to the district. (Amended by Stats. 1990, Ch. 1372, Sec. 706.)
  115. 16418.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.5. Special Fund for Economic Uncertainties [16418- 16418.] ( Article 7.5 added by Stats. 1985, Ch. 139, Sec. 1. )

    Verify source ↗

    This section creates the Special Fund for Economic Uncertainties, allows certain transfers to and from it, and sets rules for returning transferred money and using the fund for disaster relief.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.5. Special Fund for Economic Uncertainties [16418- 16418.] ( Article 7.5 added by Stats. 1985, Ch. 139, Sec. 1. ) ## 16418. (a) The Special Fund for Economic Uncertainties is hereby created in the State Treasury and is continuously appropriated for the purposes of this section. The contingency reserve for economic uncertainties established within the General Fund by Section 12.3 of the Budget Act of 1980 is hereby discontinued, and any balance in that reserve shall be transferred to the Special Fund for Economic Uncertainties. This special fund represents a reserve fund within the meaning of Section 5 of Article XIII B of the California Constitution. Notwithstanding Sections 16310 and 16314, the Controller may transfer as necessary from the Special Fund for Economic Uncertainties or from the special accounts in the General Fund to the General Fund amounts that are needed to meet cash needs of the General Fund. The Controller shall return all of the moneys so transferred without payment of interest as soon as there are sufficient moneys in the General Fund. (b) The Controller shall transfer from the Special Fund for Economic Uncertainties to the unappropriated balance of the General Fund an amount necessary to eliminate any General Fund deficit as of the end of each fiscal year, commencing as of June 30, 1985. The amount of transfer for each fiscal year shall be determined on the basis of the State of California Preliminary Annual Report—Accrual Basis, for that fiscal year. Any subsequent adjustments shall be determined jointly by the Controller and the Director of Finance. (c) Notwithstanding Section 13340, moneys in the Special Fund for Economic Uncertainties are hereby continuously appropriated without regard to fiscal years to the Director of Finance for the purpose of allocating funds for disaster relief pursuant to Chapter 5 (commencing with Section 194) and Chapter 6 (commencing with Section 197) of Part 1 of Division 1 of the Revenue and Taxation Code. However, any allocation made by the director pursuant to this subdivision shall not be made sooner than 30 days after notification in writing of the necessity therefor is provided to the Joint Legislative Budget Committee. (d) For budgeting and accounting purposes, any appropriations heretofore or hereafter made specifically from the Special Fund for Economic Uncertainties, other than appropriations contained in this section, shall be deemed an appropriation from the General Fund. For year-end reporting purposes, the Controller shall add the balance in the Special Fund for Economic Uncertainties to the balance in the General Fund so as to show the total moneys then available for General Fund purposes. (e) (1) Notwithstanding Section 13340, there is hereby appropriated from the General Fund, without regard to fiscal years, for transfer by the Controller to the Special Fund for Economic Uncertainties as of the end of each fiscal year the unencumbered balance in the General Fund. (2) If, at the end of any fiscal year in which it has been determined that there are revenues in excess of the amount that may be appropriated, as defined in subdivision (a) of Section 2 of Article XIII B of the California Constitution, the transfer pursuant to paragraph (1) shall be reduced by the amount of these excess revenues. The estimates of the transfer shall be made jointly by the Department of Finance and the Legislative Analyst’s Office. (f) Notwithstanding the provisions of this section, moneys in the Special Fund for Economic Uncertainties that is attributable to the sale of the property pursuant to Section 11011.30 shall not be continuously appropriated and shall be available for expenditure only upon appropriation by the Legislature. (Amended by Stats. 2024, Ch. 770, Sec. 2. (SB 572) Effective January 1, 2025.)
  116. 16418.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.6. Contingency Reserve for Economic Uncertainties [16418.5- 16418.5.] ( Heading of Article 7.6 renumbered from Article 7.7 (as added by Stats. 1989, Ch. 942) by Stats. 1991, Ch. 1091, Sec. 54. )

    Verify source ↗

    Each special fund must include a contingency reserve for economic uncertainties.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.6. Contingency Reserve for Economic Uncertainties [16418.5- 16418.5.] ( Heading of Article 7.6 renumbered from Article 7.7 (as added by Stats. 1989, Ch. 942) by Stats. 1991, Ch. 1091, Sec. 54. ) ## 16418.5. (a) Notwithstanding any other provision of law, each special fund shall include a contingency reserve for economic uncertainties. These reserves shall constitute reserve funds within the meaning of Section 5 of Article XIII B of the California Constitution. (b) On the first day of each fiscal year, or on the day that the Budget Act for that fiscal year is chaptered, whichever occurs later, an amount sufficient for any appropriation made by that Budget Act or by any other statute from the fund in which the reserve account is established, shall be appropriated from each reserve account in each special fund. (c) On the last day of each fiscal year, the unappropriated balance in each special fund shall be appropriated to the reserve account in that special fund. (Added by renumbering Section 16419 (as added by Stats. 1989, Ch. 942) by Stats. 1991, Ch. 1091, Sec. 55.)
  117. 16418.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.6.3. Projected Surplus Temporary Holding Account [16418.7- 16418.7.] ( Article 7.6.3 added by Stats. 2024, Ch. 997, Sec. 12. )

    Verify source ↗

    Creates the Projected Surplus Temporary Holding Account and sets rules for transfers, retention, use, and repeal.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.6.3. Projected Surplus Temporary Holding Account [16418.7- 16418.7.] ( Article 7.6.3 added by Stats. 2024, Ch. 997, Sec. 12. ) ## 16418.7. (a) The Projected Surplus Temporary Holding Account is hereby established in the State Treasury as a General Fund reserve to hold a portion of General Fund surplus moneys temporarily for use in future fiscal years, as an added responsible budgeting technique to counter tax revenue volatility. (b) In a year that a transfer is made to the Projected Surplus Temporary Holding Account, such a transfer shall be provided for in the annual Budget Act. (c) Funds transferred to the Projected Surplus Temporary Holding Account pursuant to subdivision (b), including any interest or investment earnings derived therefrom, shall remain in that account for no more than one year from the date of deposit, after which time these funds shall be transferred to the General Fund unless the next annual Budget Act appropriates all or part of those moneys for other state purposes. (d) Notwithstanding any other law, the Controller may use the funds in the Projected Surplus Temporary Holding Account for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (e) This article shall remain in effect as a pilot budgeting project until December 31, 2030, and as of that date is repealed. It is the intent of the Legislature to extend this pilot thereafter with amendments based on experience during its operative period. (Added by Stats. 2024, Ch. 997, Sec. 12. (AB 179) Effective September 30, 2024. Repealed as of December 31, 2030, by its own provisions. Note: Repeal affects Article 7.6.3, commencing with Section 16418.7.)
  118. 16418.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.6.5. Budget Deficit Savings Account [16418.8- 16418.8.] ( Article 7.6.5 added by Stats. 2018, Ch. 42, Sec. 2. )

    Verify source ↗

    This section establishes the Budget Deficit Savings Account and directs certain transfers and uses of its funds by the Controller and related authorities.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.6.5. Budget Deficit Savings Account [16418.8- 16418.8.] ( Article 7.6.5 added by Stats. 2018, Ch. 42, Sec. 2. ) ## 16418.8. (a) The Budget Deficit Savings Account is hereby established in the State Treasury to serve as a supplementary savings account to mitigate the effects of actual or future projected budget deficits in the General Fund or other state funds. (b) (1) Deposits to the Budget Stabilization Account for the 2018–19 fiscal year, above the amounts required by Section 20 of Article XVI of the California Constitution, as defined and appropriated in the 2018 Budget Act, shall be transferred from the General Fund to the Budget Deficit Savings Account. Based on the updated projection as calculated by the Department of Finance during the 2019–20 May Revision, upon order of the Director of Finance, no earlier than May 31, 2019, the Controller shall transfer the updated amount from the Budget Deficit Savings Account to the Budget Stabilization Account. (2) Upon order of the Director of Finance, the Controller shall transfer 50 percent of the remaining amounts deposited in the Budget Deficit Savings Account that are not transferred to the Budget Stabilization Account pursuant to subdivision (b) to the Safety Net Reserve Fund, created by Section 11011 of the Welfare and Institutions Code. The remaining 50 percent of the balance shall remain in the Budget Deficit Savings Account. (3) In any fiscal year, the Legislature may transfer funds into the Budget Deficit Savings Account or authorize the transfer of some or all of the balance of the Budget Deficit Savings Account to the General Fund or any other state fund. (c) Notwithstanding any other law, the Controller may use the funds in the Budget Deficit Savings Account for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (Amended by Stats. 2019, Ch. 364, Sec. 4. (SB 112) Effective September 27, 2019.)
  119. 16419.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.7. Disaster Relief Fund [16419- 16419.] ( Article 7.7 added by Stats. 1989, 1st Ex. Sess., Ch. 14, Sec. 1. )

    Verify source ↗

    The Disaster Relief Fund is established and continuously appropriated for earthquake-related response and recovery disbursements.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 7.7. Disaster Relief Fund [16419- 16419.] ( Article 7.7 added by Stats. 1989, 1st Ex. Sess., Ch. 14, Sec. 1. ) ## 16419. The Disaster Relief Fund is hereby established. Notwithstanding Section 13340, the fund is continuously appropriated without regard to fiscal years for purposes of funding disbursements made for response to and recovery from the earthquake, aftershocks, and any other related casualty. Moneys in the Disaster Relief Fund may, upon the direction of the Director of Finance, be transferred to the Special Fund for Economic Uncertainties to replenish that fund for disbursements regarding the earthquake, aftershocks, and any other related casualty. Disbursements from the Disaster Relief Fund and from the Special Fund for Economic Uncertainties incurred in responding to and recovering from the earthquake, aftershocks, and any other related casualty shall not be expended to supplant federal funds otherwise available in the absence of state financial relief. (Added by Stats. 1989, 1st Ex. Sess., Ch. 14, Sec. 1. Effective November 7, 1989.)
  120. 16420.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. )

    Verify source ↗

    The Service Revolving Fund is established in the State Treasury.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. ) ## 16420. There is in the State Treasury the Service Revolving Fund, hereafter referred to as “the fund.” (Added by Stats. 1961, Ch. 875.)
  121. 16421.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. )

    Verify source ↗

    This section says what money makes up the Service Revolving Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. ) ## 16421. The fund consists of the following: (a) All money appropriated by the Legislature for such fund or payable into such fund in accordance with law. (b) All money received into the Treasury from any source whatever in payment of printing, ruling, and binding done in the Office of State Printing or, unless otherwise provided by law, in payment for other services rendered by the Department of General Services. (c) Reimbursement of rentals paid from such fund. (d) All money received as payment of rent for the use or occupancy of space in any building owned, managed, or controlled by the state. (Amended by Stats. 1971, Ch. 992.)
  122. 16422.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. )

    Verify source ↗

    The Service Revolving Fund is controlled by the Department of General Services, and the Controller must transfer any cash surplus to the General Fund by September 30 each fiscal year.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. ) ## 16422. The fund is under the control of the Department of General Services and is available for expenditure for the payment of rent; the cost of maintaining, operating, and insuring building space; the purchase and sale of materials, supplies, and equipment; the rendering of services to state and other public agencies and, in connection therewith, for the employment and compensation of necessary personnel and expenses; all expenses for the support of the Office of State Printing; and the purchase of machinery or equipment, including motor vehicles, needed in the operation or administration of the Office of State Printing. On or before September 30 of each fiscal year, the Controller shall transfer to the General Fund any cash surplus, as determined by the Director of Finance and reported to the Joint Legislative Budget Committee, in the fund as of the preceding June 30. (Amended by Stats. 1983, Ch. 323, Sec. 58. Effective July 1, 1983.)
  123. 16423.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. )

    Verify source ↗

    Two state funds are abolished, the Controller must move their balances to the Service Revolving Fund, and legal references to those funds are to be read as references to that fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. ) ## 16423. The State Printing Fund and the Purchasing Revolving Fund in the State Treasury are abolished. The Controller, on the operative date of this section, shall transfer any balances in those funds to the Service Revolving Fund. Any reference in state law to either the State Printing Fund or the Purchasing Revolving Fund shall be construed to refer to the Service Revolving Fund. (Added by Stats. 1961, Ch. 875.)
  124. 16424.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. )

    Verify source ↗

    The Surplus Personal Property Revolving Fund is abolished, and the Controller must move its assets, liabilities, and surplus to the Service Revolving Fund on January 1, 1989.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 8. Service Revolving Fund [16420 - 16424] ( Article 8 added by Stats. 1961, Ch. 875. ) ## 16424. The Surplus Personal Property Revolving Fund in the State Treasury, created by Section 10383.5 of the Public Contract Code, is abolished. On January 1, 1989, the Controller shall transfer the assets, liabilities, and surplus in that fund to the Service Revolving Fund. Any reference in state law to the “Surplus Personal Property Revolving Fund” shall mean the Service Revolving Fund. (Added by Stats. 1988, Ch. 207, Sec. 1.)
  125. 16425.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. )

    Verify source ↗

    The Litigation Deposits Fund is created in the State Treasury and is appropriated for the purposes of this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. ) ## 16425. There is in the State Treasury the Litigation Deposits Fund, hereafter referred to as “the fund,” which is hereby appropriated for the purposes of this article. (Added by Stats. 1971, Ch. 1148.)
  126. 16426.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. )

    Verify source ↗

    The fund includes money received as litigation deposits when California is a party to the litigation, unless another state statute already covers handling, investing, and crediting the interest.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. ) ## 16426. The fund consists of all money received as litigation deposits where the State of California is a party to the litigation and no other state statutes specifically provide for both of the following: (1) Handling and investing such money. (2) Crediting any interest accrued thereto to such deposits. (Added by Stats. 1971, Ch. 1148.)
  127. 16427.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. )

    Verify source ↗

    The Department of Justice controls the litigation deposits fund and must keep records, file payout claims, transfer funds on specified timelines, and submit quarterly reports.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. ) ## 16427. (a) For purposes of this article, “department” means the Department of Justice. (b) The fund is under the control of the department. The department shall maintain accounting records pertaining to the fund, including subsidiary records of individual litigation deposits and the disbursements from the fund. (c) The department shall file a claim with the Controller to pay out money in the fund to whomever and at the time the department directs. However, notwithstanding Section 13340, if a sum of money in the fund was deposited pursuant to order or direction of the court, that sum shall be paid to whomever and at the time the court directs. The department may expend revenue transferred from the fund to the Legal Services Revolving Fund only upon approval by the Department of Finance. The department shall submit a written application to the Department of Finance to request approval for the expenditure. The request shall be deemed approved if the Department of Finance neither approves nor disapproves the request within 30 days of receipt of the application. (d) Commencing July 1, 2023, the department shall transfer deposited funds to the General Fund or a state special fund subject to legislative oversight no later than three months after the receipt of funds, a final settlement agreement is signed by all involved parties, a court judgment has been entered, or all appeals have been exhausted, whichever is latest. This requirement does not apply to moneys specifically designated by settlement agreement or court judgment for specific claimants as direct restitution or compensation to address the impacts of the alleged offending behavior. (e) The department shall transfer funds deposited prior to July 1, 2023, for which a final settlement agreement has been signed by all involved parties, a court judgment has been entered, or for which all appeals have been exhausted by January 1, 2024. (f) Any residue remaining in a deposit account after satisfaction of all court-directed claims, or payment of departmental expenditures for that account shall be transferred no later than July 1 of each fiscal year to the General Fund. (g) The department shall prepare and submit to the chairperson of the Joint Legislative Budget Committee, the chairpersons of the fiscal committees of the Senate and the Assembly, and the Director of Finance quarterly reports concerning the activity of the fund and include the following information: (1) The number of new deposits received as of the prior report and the amount of each deposit, the case associated with each deposit, the specific legal section or sections of the department pursuing the case, the date each case was initiated and closed, the estimated litigation costs associated with each case, whether the department specifically sought reasonable attorney’s fees and costs and the amount awarded for these purposes, and the fiscal terms and statewide benefits associated with each case. To the extent prior deposits were received for a case, the total amount of funding received to date shall also be reported. (2) The number of disbursements made as of the prior report and the amount of each disbursement by case and recipient and the date each disbursement was made. To the extent a disbursement does not include the total amount deposited for a particular case, the total amount remaining shall also be reported. For the purposes of this reporting language, disbursements shall include any payment or transfer from the fund to any recipient, including, but not limited to, claimants, the General Fund, a department-administered special fund, or any other state special fund. (3) A listing of each case for which litigation proceeds remain in the fund after disbursements are made for the quarter, including all previously reported information pursuant to paragraph (1). The fiscal terms associated with each case shall include, but shall not be limited to, reporting on the anticipated recipient or recipients and the amount due to each recipient; whether the case was resolved through settlement or trial; the amount of the funds that are restricted, unrestricted, unavailable, or designated for claimant restitution; and a brief description for why the proceeds remain in the fund. The brief descriptions shall include whether funds are restricted by the special fund to which moneys will be transferred, the settlement agreement or court ruling designating use for clearly specified purposes, or any other reasons. The information may roll over from prior reports until all litigation proceeds associated with a case are disbursed. However, all changes to previously reported information shall be clearly highlighted and a brief description shall be provided for each substantive change. (4) The receipt of any interest income and the amount attributable to each case. (Amended by Stats. 2023, Ch. 45, Sec. 40. (AB 127) Effective July 10, 2023.)
  128. 16428.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. )

    Verify source ↗

    The fund’s money may be invested or deposited, and state officials must manage, apportion, and transfer earnings under the section’s rules.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9. Litigation Deposits Fund [16425 - 16428] ( Article 9 added by Stats. 1971, Ch. ) ## 16428. Money in the fund may be invested and reinvested in any securities described in Section 16430 or deposited in banks as provided in Chapter 4 (commencing with Section 16500) of this part or deposited in savings and loan associations as provided in Chapter 4.5 (commencing with Section 16600) of this part. The department shall determine the amount of money available for investment or deposit and shall so arrange the investment or deposit program that funds will be available for the immediate payment of any court order or decree. The Treasurer shall invest or make deposits in accordance with these determinations. All revenues earned from investment or deposit of fund moneys shall be deposited in the fund. After first deducting therefrom the amount payable to the Treasurer for investment services rendered and the amount payable to the department for administrative services rendered, the department shall apportion as of June 30 and December 31 of each year the remainder of such revenues earned and deposited in the fund during the six calendar months ending with such dates. There shall be apportioned and credited to each litigation deposit in the fund during such six-month period, an amount directly proportionate to the total deposits in the fund and the length of time such deposits remained therein. The amounts so apportioned shall be paid to the party receiving the deposit. The cost of administrative services rendered shall be determined by the department in a manner approved by the Department of Finance. The amounts payable to the department and to the Treasurer shall be transferred to the General Fund and accounted as reimbursements to their respective appropriations. Notwithstanding any other provision of law, the Controller may use money in the fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. Notwithstanding any other law, the Department of Finance may authorize budgetary loans from the fund to the General Fund pursuant to the annual budget process. This section does not authorize any transfer that will interfere with the object for which this fund was created. (Amended by Stats. 2023, Ch. 45, Sec. 41. (AB 127) Effective July 10, 2023.)
  129. 16428.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    The section states legislative findings about harm from energy market manipulation and says money paid to the state from energy litigation should be used for specified public purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.1. The Legislature finds and declares all of the following: (a) Ratepayers and the state’s economy have been harmed by improper and unfair energy market manipulation that has resulted in overcharging for electricity and natural gas. (b) The purpose of the act adding this section is to ensure that any funds paid to the state as a result of energy litigation are used for the following purposes: (1) To reimburse state funds for, or to finance, litigation and investigation expenses. (2) To reduce ratepayer costs of those utility ratepayers harmed by the actions of the defendants. (3) To reduce or pay debt service on the bonds issued pursuant to Division 27 (commencing with Section 80000) of the Water Code. (Added by Stats. 2003, Ch. 228, Sec. 16. Effective August 11, 2003.)
  130. 16428.15.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    The Controller may use money from the Ratepayer Relief Fund to make loans to the General Fund, but interest must be paid and any transfer cannot interfere with the fund’s purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.15. (a) The Ratepayer Relief Fund is hereby established in the State Treasury. The purpose of the fund is to benefit electricity and natural gas ratepayers and to fund investigation and litigation costs of the state in pursuing allegations of overcharges and unfair business practices against generators, suppliers, or marketers of electricity or natural gas. (b) Notwithstanding any other law, the Controller may use the moneys in the Ratepayer Relief Fund for loans to the General Fund as provided in Sections 16310 and 16381. However, interest shall be paid on all moneys loaned to the General Fund from the Ratepayer Relief Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Ratepayer Relief Fund was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 7. Effective February 20, 2009.)
  131. 16428.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    This section defines “Fund” and “Energy settlement agreement” for the article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.2. As used in this article, the following terms have the following meanings: (a) “Fund” means the Ratepayer Relief Fund established in Section 16428.1. (b) “Energy settlement agreement” means any agreement arising from the energy crisis of 2000–02, where the State of California or a division of the State of California, is a party in a complaint or any action relating to the operation and management of any generation facilities, any sale or purchase or transmission of natural gas, any sale or purchase or transmission of electricity or other utility or energy goods and services, or a violation of the Federal Power Act (16 U.S.C. Sec. 791a et seq.), state law, or Public Utilities Commission orders or regulations relating to electricity generation, transmission, or distribution, electrical corporations, gas generation, storage, transmission, or distribution, gas corporations, energy generation facilities, or publicly owned utilities. (Added by Stats. 2003, Ch. 228, Sec. 16. Effective August 11, 2003.)
  132. 16428.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    Energy settlement funds handled by the Attorney General must be used in priority order for ratepayer relief, then deposited into the fund, after litigation and investigation expenses are reimbursed to the extent possible.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.3. (a) Any energy settlement agreement entered into by the Attorney General, after reimbursing the Attorney General’s litigation and investigation expenses, to the maximum extent possible, shall direct settlement funds to the following purposes in priority order: (1) To reduce ratepayer costs of those utility ratepayers harmed by the actions of the settling parties. To the extent the ratepayers of the investor-owned utilities were harmed, the settlement funds shall be directed to reduce their costs, to the maximum extent possible, through reduction of rates or the reduction of ratepayer debt obligations incurred as a result of the energy crisis. (2) For deposit in the fund. (b) Nothing in this article shall preclude nonmonetary compensation to the state through an energy settlement agreement, provided that the allocation of benefits from any nonmonetary compensation is consistent with paragraph (1) of subdivision (a). (Added by Stats. 2003, Ch. 228, Sec. 16. Effective August 11, 2003.)
  133. 16428.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    Recovered funds for the Department of Water Resources must be deposited into the Department of Water Resources Electric Power Fund after litigation and investigation expenses are deducted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.4. All funds recovered on behalf of the Department of Water Resources, after deduction of litigation and investigation expenses, shall be deposited in the Department of Water Resources Electric Power Fund and applied pursuant to Division 27 (commencing with Section 80000) of the Water Code. (Added by Stats. 2003, Ch. 228, Sec. 16. Effective August 11, 2003.)
  134. 16428.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    Money in the fund can be spent only after legislative appropriation, and the fund may be used for certain ratepayer and state-utility related purposes.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.5. Moneys in the fund shall be expended upon appropriation by the Legislature, for the benefit of ratepayers. Moneys in the fund may be appropriated for the following purposes: (a) To finance energy litigation and investigation expenses of state entities. (b) To reduce rates for customers in the affected service areas of electrical utilities and gas utilities. (c) To reduce the debt service on bonds issued pursuant to Division 27 (commencing with Section 80000) of the Water Code. (Added by Stats. 2003, Ch. 228, Sec. 16. Effective August 11, 2003.)
  135. 16428.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    The Attorney General must promptly notify specified state officials after agreeing to an energy settlement agreement on the state’s behalf.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.6. The Attorney General shall promptly notify the Director of Finance, Senate President pro Tempore, and the Speaker of the Assembly upon agreeing on behalf of the state to an energy settlement agreement. Notification shall include a description of how the terms of the settlement agreement, as they pertain to the state, are consistent with the purposes of this article. (Amended by Stats. 2012, Ch. 728, Sec. 71. (SB 71) Effective January 1, 2013.)
  136. 16428.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. )

    Verify source ↗

    This section says the article does not change how funds from settlements made before the article’s effective date are allocated.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.5. Ratepayer Relief Fund [16428.1 - 16428.7] ( Article 9.5 added by Stats. 2003, Ch. 228, Sec. 16. ) ## 16428.7. Nothing in this article affects the allocation of funds from settlements entered into before the effective date of this article. (Added by Stats. 2003, Ch. 228, Sec. 16. Effective August 11, 2003.)
  137. 16428.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. )

    Verify source ↗

    This section creates the Greenhouse Gas Reduction Fund and directs certain allowance-sale proceeds into it, while barring other fund money from being deposited there.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. ) ## 16428.8. (a) The Greenhouse Gas Reduction Fund, hereafter referred to in this article as the fund, is hereby created as a special fund in the State Treasury. (b) Except for fines and penalties, all moneys collected by the State Air Resources Board from the auction or sale of allowances, pursuant to a market-based compliance mechanism established pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code and specified in Sections 95800 to 96022, inclusive, of Title 17 of the California Code of Regulations, shall be deposited in the fund and available for appropriation by the Legislature. (c) All moneys deposited in the fund shall be appropriated and shall be separately identified in the annual Budget Act. No moneys from the General Fund or any other fund shall be deposited in the fund. (d) Notwithstanding any other law, the Controller may use the moneys in the fund for cash flow loans to the General Fund as provided in Sections 16310 and 16381. (e) Any technical amendments made by the State Air Resources Board to the regulations established under Sections 95800 to 96022, inclusive, of Title 17 of the California Code of Regulations to conform that regulation to this article shall be exempt from the provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3) and from the review and approval of the Office of Administrative Law. (Added by Stats. 2012, Ch. 39, Sec. 25. (SB 1018) Effective June 27, 2012.)
  138. 16428.85.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. )

    Verify source ↗

    The Department of Finance must submit a detailed spending plan proposal to the Legislature by January 10, 2013, unless subdivision (b) applies. If the Legislature passes and makes law a bill by August 31, 2012 that sets out the long-term spending strategy process, subdivision (a) does not apply.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. ) ## 16428.85. (a) Except as provided in subdivision (b), the Department of Finance shall submit to the Legislature, in bill format, on or before January 10, 2013, a proposal that provides a detailed spending plan for the expenditure of moneys in the fund that includes the components specified in subdivision (b). (b) Subdivision (a) shall not apply if the Legislature passes a bill on or before August 31, 2012, that becomes law specifying a process for the establishment of the long-term spending strategy for moneys in the fund that includes all of the following components: (1) Criteria and requirements for use of these moneys. (2) Establishment of program categories eligible for funding. (3) The specification of a public process that the State Air Resources Board shall use to develop the strategy. (4) The role of the Legislature in reviewing the strategy. (Added by Stats. 2012, Ch. 39, Sec. 25. (SB 1018) Effective June 27, 2012.)
  139. 16428.86.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. )

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    Before awarding certain grant funds, the Department of Food and Agriculture must review the applicant’s impact analysis, and projects cannot be funded unless the applicant shows outreach, impact assessment, and mitigation commitments.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. ) ## 16428.86. (a) Prior to awarding grant funds from moneys made available from the fund, the Department of Food and Agriculture shall review the applicant’s analysis identifying potential adverse impacts of the proposed project, including a net increase in criteria pollutants, toxic air contaminants, and hazardous air pollutants; groundwater and surface water impacts; and truck traffic and odor. (b) A project shall not receive funding unless the applicant has demonstrated to the Department of Food and Agriculture that the applicant has done all of the following: (1) Conducted outreach in areas that will potentially be adversely impacted by the project. (2) Determined potential adverse impacts of the project. (3) Committed to measures to mitigate impacts. (c) In making awards, the Department of Food and Agriculture shall prioritize projects based on the criteria pollutant emission benefits achieved by the project. (d) A project funded by the Department of Food and Agriculture that results in localized impacts in disadvantaged communities shall not be considered to provide a benefit to disadvantaged communities for the purposes of Section 39713 of the Health and Safety Code. (e) This section shall apply only to grants awarded pursuant to Provision 1 of Item 8570-101-3228 of the Budget Act of 2016, as added by Section 13 of Chapter 370 of the Statutes of 2016, for projects that utilize digester technology as part of livestock manure management operations and dairy manure management operations. (Amended by Stats. 2017, Ch. 26, Sec. 63. (SB 92) Effective June 27, 2017.)
  140. 16428.89.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. )

    Verify source ↗

    An agency receiving a Greenhouse Gas Reduction Fund appropriation must post its allocation guidelines on the program’s website by January 1, 2021.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. ) ## 16428.89. No later than January 1, 2021, an agency that receives an appropriation from the Greenhouse Gas Reduction Fund shall post on the internet website of the agency’s program from which moneys from the fund are being allocated the agency’s guidelines for how moneys from the fund are allocated for competitive financing programs. The guidelines shall include all of the following: (a) Clear and accessible eligibility criteria for award opportunities. (b) Application timelines for receiving awards. (c) Information on technical assistance. (d) Contact information for the agency. (e) The amount of moneys, if any, required to be allocated to projects located in disadvantaged communities, as identified by the California Communities Environmental Health Screening Tool, also known as CalEnviroScreen, and which statute, regulation, or other official agency policy, criteria, or guidelines required moneys from the fund to be allocated in that way. (f) Whether the agency gives preference to certain applications outside of the eligibility and allocation requirements and which statute, regulation, or other official agency policy, criteria, or guidelines required moneys from the fund to be prioritized in that way. (Added by Stats. 2019, Ch. 357, Sec. 1. (AB 1237) Effective January 1, 2020.)
  141. 16428.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. )

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    A state agency must prepare a record before spending appropriated fund money, and the State Air Resources Board must issue guidance on reporting and quantification methods.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. ) ## 16428.9. (a) Before expending any moneys appropriated to it by the Legislature from the fund, a state agency shall prepare a record consisting of all of the following: (1) A description of each expenditure proposed to be made by the state agency pursuant to the appropriation. (2) A description of how a proposed expenditure will further the regulatory purposes of Division 25.5 (commencing with Section 38500) of the Health and Safety Code, including, but not limited to, the limit established under Part 3 (commencing with Section 38550) and other applicable requirements of law. (3) A description of how a proposed expenditure will contribute to achieving and maintaining greenhouse gas emission reductions pursuant to Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (4) A description of how the state agency considered the applicability and feasibility of other nongreenhouse gas reduction objectives of Division 25.5 (commencing with Section 38500) of the Health and Safety Code. (5) A description of how the state agency will document the result achieved from the expenditure to comply with Division 25.5 (commencing with Section 35800) of the Health and Safety Code. (6) A description of how grant, loan, voucher, or other incentive programs for purchase of new drayage and short-haul trucks that receive moneys from the fund are implementing the labor standards required by Chapter 3.6 (commencing with Section 39680) of Part 2 of Division 26 of the Health and Safety Code, as applicable. (b) The State Air Resources Board shall develop guidance on reporting and quantification methods for all state agencies that receive appropriations from the fund to ensure the requirements of this section are met. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 does not apply to the procedures developed pursuant to this subdivision. (c) Nothing in this section alters, amends, or otherwise modifies in any manner Division 25.5 (commencing with Section 35800) of the Health and Safety Code, including the authority of the State Air Resources Board to adopt and implement a fee pursuant to that division. (d) If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the funding for the remaining measures or projects shall be severable and shall not be affected. (Amended by Stats. 2021, Ch. 748, Sec. 1. (AB 794) Effective January 1, 2022.)
  142. 16428.92.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. )

    Verify source ↗

    For certain state agency programs that received funding in 2021–22, 2022–23, and 2023–24 and have prepared the required record, the Administrative Procedure Act does not apply to their guidelines or other standards.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. ) ## 16428.92. (a) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3) does not apply to guidelines or other standards adopted or used by a state agency in administering a program that has received funding in the 2021–22, 2022–23, and 2023–24 fiscal years and has prepared a record pursuant to Section 16428.9. (b) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed. (Added by Stats. 2021, Ch. 115, Sec. 22. (AB 148) Effective July 22, 2021. Inoperative July 1, 2027, by its own provisions. Repealed as of January 1, 2028, by its own provisions.)
  143. 16428.95.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. )

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    Creates the Cost of Implementation Account in the Air Pollution Control Fund and requires related revenues to be kept separate and used only as appropriated by the Legislature for the stated program purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 9.7. Greenhouse Gas Reduction Fund and Cost of Implementation Account [16428.8 - 16428.95] ( Article 9.7 added by Stats. 2012, Ch. 39, Sec. 25. ) ## 16428.95. Notwithstanding Section 38597 of the Health and Safety Code, the Cost of Implementation Account is hereby established in the Air Pollution Control Fund, and revenues collected pursuant to that section shall be available upon appropriation by the Legislature for purposes of carrying out Division 25.5 (commencing with Section 38500) of the Health and Safety Code, and shall be maintained separately from all other funds in the Air Pollution Control Fund. (Added by Stats. 2012, Ch. 39, Sec. 25. (SB 1018) Effective June 27, 2012.)
  144. 16429.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 10. Condemnation Deposits Fund [16429- 16429.] ( Article 10 added by Stats. 1975, Ch. 1240. )

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    The Treasurer must receive and account for fund money, and the Controller must invest, apportion, and transfer certain interest or residual amounts to the General Fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 10. Condemnation Deposits Fund [16429- 16429.] ( Article 10 added by Stats. 1975, Ch. 1240. ) ## 16429. (a) The Condemnation Deposits Fund in the State Treasury is continued in existence. The fund consists of all money deposited in the State Treasury pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure and all interest earned or other increment derived from its investment. The Treasurer shall receive and duly account for all such moneys. Notwithstanding any other law, the Controller may use the funds in the Condemnation Deposits Fund for cashflow loans to the General Fund as provided in Sections 16310 and 16381. (b) Money in the Condemnation Deposits Fund shall be invested under the provisions of Article 4 (commencing with Section 16470) of Chapter 3. (c) The Controller shall apportion at the conclusion of each calendar quarter, the interest earned or increment derived and deposited in the fund during the three calendar months ending with those dates. There shall be apportioned and paid to each plaintiff having a deposit in the fund during the three-month period for which an apportionment is made an amount directly proportionate to the total deposits in the fund and the length of time the deposits remained therein, except that no payment shall be made of any interest in the amount of five dollars ($5) or less. These amounts shall be transferred to the General Fund by the Controller. The Treasurer shall pay out the money deposited by a plaintiff in the manner and at the times the court or a judge thereof may, by order or decree, direct. Any residual amount after all required payments have been made shall be paid to the plaintiff if that amount is more than five dollars ($5). If the amount is five dollars ($5) or less, it shall be transferred to the General Fund by the Controller. (Amended by Stats. 2012, Ch. 1, Sec. 4. (SB 95) Effective February 3, 2012.)
  145. 16429.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. )

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    This section creates the Local Agency Investment Fund and sets rules for who may deposit money into it, how the Treasurer and Controller must handle it, and how earnings are distributed.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. ) ## 16429.1. (a) There is in trust in the custody of the Treasurer the Local Agency Investment Fund, which fund is hereby created. The Controller shall maintain a separate account for each governmental unit having deposits in this fund. (b) Notwithstanding any other law, a local governmental official, with the consent of the governing body of that agency, having money in its treasury not required for immediate needs, may remit the money to the Treasurer for deposit in the Local Agency Investment Fund for the purpose of investment. (c) Notwithstanding any other law, an officer of any nonprofit corporation whose membership is confined to public agencies or public officials, or an officer of a qualified quasi-governmental agency, with the consent of the governing body of that agency, having money in its treasury not required for immediate needs, may remit the money to the Treasurer for deposit in the Local Agency Investment Fund for the purpose of investment. (d) Notwithstanding any other law or provision of this section, a local agency, with the approval of its governing body, may deposit in the Local Agency Investment Fund proceeds of the issuance of bonds, notes, certificates of participation, or other evidences of indebtedness of the agency pending expenditure of the proceeds for the authorized purpose of their issuance. In connection with these deposits of proceeds, the Local Agency Investment Fund is authorized to receive and disburse moneys, and to provide information, directly with or to an authorized officer of a trustee or fiscal agent engaged by the local agency, the Local Agency Investment Fund is authorized to hold investments in the name and for the account of that trustee or fiscal agent, and the Controller shall maintain a separate account for each deposit of proceeds. (e) The local governmental unit, the nonprofit corporation, or the quasi-governmental agency has the exclusive determination of the length of time its money will be on deposit with the Treasurer. (f) The trustee or fiscal agent of the local governmental unit has the exclusive determination of the length of time proceeds from the issuance of bonds will be on deposit with the Treasurer. (g) The Local Investment Advisory Board shall determine those quasi-governmental agencies which qualify to participate in the Local Agency Investment Fund. (h) The Treasurer may refuse to accept deposits into the fund if, in the judgment of the Treasurer, the deposit would adversely affect the state’s portfolio. (i) The Treasurer may invest the money of the fund in securities prescribed in Section 16430. The Treasurer may elect to have the money of the fund invested through the Surplus Money Investment Fund as provided in Article 4 (commencing with Section 16470) of Chapter 3. (j) Money in the fund shall be invested to achieve the objective of the fund which is to realize the maximum return consistent with safe and prudent treasury management. (k) All instruments of title of all investments of the fund shall remain in the Treasurer’s vault or be held in safekeeping under control of the Treasurer in any federal reserve bank, or any branch thereof, or the Federal Home Loan Bank of San Francisco, with any trust company, or the trust department of any state or national bank. (l) Immediately at the conclusion of each calendar quarter, all interest earned and other increment derived from investments shall be distributed by the Controller to the contributing governmental units or trustees or fiscal agents, nonprofit corporations, and quasi-governmental agencies in amounts directly proportionate to the respective amounts deposited in the Local Agency Investment Fund and the length of time the amounts remained therein. An amount equal to the reasonable costs incurred in carrying out the provisions of this section, not to exceed a maximum of 5 percent of the earnings of this fund and not to exceed the amount appropriated in the annual Budget Act for this function, shall be deducted from the earnings prior to distribution. However, if the 13-week Daily Treasury Bill Rate, as published by the United States Department of the Treasury on the last day of the state’s fiscal year is below 1 percent, then the above-noted reasonable costs shall not exceed a maximum of 8 percent of the earnings of this fund for the subsequent fiscal year, shall not exceed the amount appropriated in the annual Budget Act for this function, and shall be deducted from the earnings prior to distribution. The amount of the deduction shall be credited as reimbursements to the state agencies, including the Treasurer, the Controller, and the Department of Finance, having incurred costs in carrying out the provisions of this section. (m) The Treasurer shall prepare for distribution a monthly report of investments made during the preceding month. (n) As used in this section, “local agency,” “local governmental unit,” and “local governmental official” includes a campus or other unit and an official, respectively, of the California State University who deposits moneys in funds described in Sections 89721, 89722, and 89725 of the Education Code. (Amended by Stats. 2014, Ch. 28, Sec. 39. (SB 854) Effective June 20, 2014.)
  146. 16429.10.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 13. 2022 California Arrearage Payment Program [16429.8 - 16429.10] ( Article 13 added by Stats. 2022, Ch. 61, Sec. 1. )

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    This section sets up the 2022 California Arrearage Payment Program, requires the department and utility applicants to administer it, and gives residential customers bill-credit assistance and related service protections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 13. 2022 California Arrearage Payment Program [16429.8 - 16429.10] ( Article 13 added by Stats. 2022, Ch. 61, Sec. 1. ) ## 16429.10. (a) Upon appropriation, the 2022 California Arrearage Payment Program is established in the Department of Community Services and Development. (b) The department shall release program notices and post program notices related to 2022 CAPP administration on its public-facing internet website. (c) All active residential utility customers with past due bills incurred during the COVID-19 pandemic bill relief period are considered eligible for 2022 CAPP assistance and shall be included in a utility applicant’s request for 2022 CAPP funding. (1) The department and utility applicants shall prioritize the issuance of 2022 CAPP assistance in the following order: (A) Active residential customers with past due bills and who, absent the 2022 CAPP assistance or any other protection or assistance provided by the utility applicant, might be subject to service disconnection, consistent with current law, due to nonpayment of balances incurred during the COVID-19 pandemic bill relief period. (B) Active residential customers with past due bills incurred during the COVID-19 pandemic bill relief period. (2) The department, in its application approval and allocation notice to utility applicants, shall direct utility applicants on how 2022 CAPP assistance will be applied to each of the priority groups. A utility applicant shall be responsible for correcting any misapplication of 2022 CAPP assistance when that failure was due to a utility applicant not properly applying 2022 CAPP assistance to residential customer accounts in accordance with program notices, 2022 CAPP application terms and conditions, and guidance issued by the department. (d) Within 90 days of receiving funds, upon appropriation, the department shall make available an online application for utility applicants to request 2022 CAPP funding for residential customers. (1) To receive 2022 CAPP funding, a utility applicant shall complete a 2022 CAPP application, submit all necessary data and information to support the utility applicant’s 2022 CAPP application, execute the 2022 CAPP terms and conditions document, and comply with all department-issued program notices. (2) All utility applicant 2022 CAPP applications shall include the total number of eligible residential accounts and the total amount of eligible residential account arrearages incurred during the COVID-19 pandemic bill relief period, and identify for each eligible residential account the corresponding account number and past due bill balance accumulated during the COVID-19 pandemic bill relief period. (3) The general manager, utility director, or a designee shall certify that the 2022 CAPP application is true and accurate and execute the 2022 CAPP terms and conditions. (4) (A) Customer information shall be subject to Section 6254.16. This subparagraph shall become inoperative on January 1, 2023. (B) Customer information shall be subject to Section 7927.410. This subparagraph shall become operative on January 1, 2023. (e) There shall be a 30-day application timeframe in which utility applicants may apply to the department for 2022 CAPP funds. The department shall contact a utility applicant that does not respond during the initial application period to inquire as to the status of the utility applicant’s 2022 CAPP application. (f) The department shall review utility applicant 2022 CAPP applications for completeness and confirm that utility applicants’ submissions support the total amount of financial assistance requested on behalf of residential customers. Incomplete 2022 CAPP applications shall be returned to the utility applicant for corrections or amendments consistent with department notes or directives. (g) One billion one hundred ninety-seven million dollars ($1,197,000,000) appropriated in Item 4700-101-3398 of the Budget Act of 2022 shall be used for the 2022 CAPP program. The allocation may be adjusted for the purposes of administrative costs. Upon appropriation, the following specified amounts shall be allocated for each utility category. Funding allocation to one of the categories that is not necessary for assistance for that category may be reallocated to another category. (1) Two hundred thirty-nine million four hundred thousand dollars ($239,400,000) shall be allocated for financial assistance to customers of local publicly owned electric utilities and electrical cooperatives. (2) Nine hundred fifty-seven million six hundred thousand dollars ($957,600,000) shall be allocated for financial assistance to customers of electrical corporations and gas corporations, including customers served by a community choice aggregator. (h) To establish statewide 2022 CAPP allocations, the department shall develop an allocation formula for determining an individual utility applicant’s share of 2022 CAPP funds based on the proportional share of the total statewide energy utility arrearages. (1) When determining statewide 2022 CAPP allocations, the department shall ensure utility applicant allocations do not exceed the total amount of eligible arrearages reported in the utility applicant’s 2022 CAPP application. If there are remaining 2022 CAPP funds after the initial allocation determination, the department shall redistribute the remaining 2022 CAPP funds to utility applicants according to their proportional share of the total statewide energy utility arrearages within each utility category. (2) Upon approving a utility applicant’s 2022 CAPP application, the department shall submit to the utility applicant an application approval and allocation notice that identifies the utility applicant’s allocation along with directions on how to apply 2022 CAPP funds to customer accounts by priority group. The department shall make all application approval and allocation notices available on its public-facing internet website. (3) Utility applicants shall provide benefits to residential customers in accordance with program notices, the 2022 CAPP application terms and conditions document, and guidance issued by the department. (4) The department shall approve utility applicant’s 2022 CAPP applications, set statewide allocations, and disburse funds within seven months of the appropriation for the 2022 CAPP. (i) Within 60 days of receiving 2022 CAPP funds, a utility applicant shall issue 2022 CAPP benefits to its residential customers as bill credits to help address the past due bills and shall include a statement that the credits are a result of 2022 CAPP funding or other statement as approved by a department-issued program notice. (1) Between the time when a utility applicant submits its 2022 CAPP application and the department completes the disbursement of CAPP allocations to all utility applicants, a utility applicant shall not discontinue service due to nonpayment by those residential customers with arrearages accrued during the COVID-19 pandemic bill relief period. (2) A utility applicant shall not disconnect a residential customer’s utility service, regardless of balance owed after applying a 2022 CAPP benefit, for 90 days after a 2022 CAPP benefit is applied. (3) If a residential customer has a remaining balance after a 2022 CAPP benefit is applied, the utility applicant shall notify the residential customer of the option to enter into an extended payment plan with late fees and penalties waived. The utility applicant shall not discontinue service to the residential customer while the residential customer remains current on the repayment plan. (4) Utility applicants shall waive any associated late fees and accrued interest for residential customers that are awarded 2022 CAPP benefits. (5) An electrical corporation shall use existing proportional payment processes adopted by the Public Utilities Commission in response to the COVID-19 pandemic to allocate any partial payments made by residential customers to the utility applicant and other load-serving entities in proportion to their respective shares of the outstanding customer charges. (j) An electrical corporation shall issue 2022 CAPP benefits to residential customer for past due bills owed to the utility applicant and other load-serving entities serving the residential customer in proportion to their respective shares of customer arrearages. (k) Within six months of a utility applicant’s receipt of its 2022 CAPP allocation, the utility applicant shall submit all reporting required by the department detailed in a program notice. The utility applicant shall remit payment of any unapplied 2022 CAPP benefits to the department as part of its reporting to the department. (l) Within 60 days of receiving reporting from utility applicants pursuant to subdivision (k), the department shall provide to the Legislature, and make available on its public-facing internet website, a report. The report shall be submitted in conformance with Section 9795 and shall include all of the following: (1) Total arrearage amount applied for statewide. (2) Total active residential customers in arrears applied for statewide. (3) Total 2022 CAPP funds applied for by utility applicants. (4) Total 2022 CAPP funds approved by the department and disbursed to utility applicants statewide. (5) Total 2022 CAPP funds distributed by utility applicants. (6) Total 2022 CAPP funds not expended and returned to the department by utility applicants. (7) Total active residential customers, statewide, included in 2022 CAPP applications received by the department. (8) Total active residential customers, by utility applicant, included in 2022 CAPP applications received by the department. (9) Total active residential customers, statewide, that received a 2022 CAPP benefit. (10) Average 2022 CAPP benefit, statewide, received by active residential customers. (11) Total active residential customers, by utility applicant, that received a 2022 CAPP benefit. (12) Average 2022 CAPP benefit, by utility applicant, received by active residential customers. (13) Total expenditures by the department for the administration of 2022 CAPP. (m) Utility applicants shall provide all documents and data necessary for the department, or its designee, to complete a review and audit of 2022 CAPP benefits applied to eligible residential accounts. The department shall provide 30 days’ notice to utility applicants of any document requests to support departmental review and audit. (n) Notwithstanding any other law, the payment authorized pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000) of the Welfare and Institutions Code, excluding benefits under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, or amounts of those benefits. (o) Notwithstanding any other law, the payment authorized pursuant to this section shall not be considered as income and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of the individual, or any other individual, for benefits or assistance or the amount or extent of benefits or assistance under any state or local program not covered in subdivision (n). With respect to a state or local program, this subdivision shall only be implemented to the extent that it does not conflict with federal law relating to that program, and that any required federal approval or waiver is first obtained for that program. (Amended by Stats. 2023, Ch. 131, Sec. 80. (AB 1754) Effective January 1, 2024.)
  147. 16429.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. )

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    This section creates the Local Investment Advisory Board and sets how its members are appointed, compensated, and how the board advises the State Treasurer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. ) ## 16429.2. There is created the Local Investment Advisory Board consisting of five members. The chairman shall be the State Treasurer or his or her designated representative. Two members who are qualified by training and experience in the field of investment or finance, shall be appointed by the State Treasurer. Two members who are treasurers, finance or fiscal officers or business managers, employed by any county, city or local district or municipal corporation of this state, shall be appointed by the Treasurer. The term of office of each appointed member of the board is two years, but each appointed member serves at the pleasure of the appointing authority. A vacancy in the appointed membership, occurring other than by expiration of term, shall be filled in the same manner as the original appointment, but for the unexpired term only. Members of the board who are not state officers or employees shall not receive a salary, but shall be entitled to a per diem allowance of fifty dollars ($50) for each day’s attendance at a meeting of the board, not to exceed three hundred dollars ($300) in any month. All members shall be entitled to reimbursement for expenses incurred in the performance of their duties under this part, including travel and other necessary expenses. The board’s primary purpose shall be to advise and assist the State Treasurer in formulating the investment and reinvestment of moneys in the Local Agency Investment Fund, and the acquisition, retention, management, and disposition of investments of the fund. The board, from time to time, shall review those policies and advise therein as it considers necessary or desirable. The board shall advise the State Treasurer in the management of the fund and consult the State Treasurer on any matter relating to the investment and reinvestment of moneys in the fund. (Added by Stats. 1976, Ch. 730.)
  148. 16429.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. )

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    Money placed with the Treasurer for deposit in the Local Agency Investment Fund by listed public and nonprofit entities is protected from transfer, loan, impoundment, and seizure under the cited sections.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. ) ## 16429.3. Moneys placed with the Treasurer for deposit in the Local Agency Investment Fund by cities, counties, special districts, nonprofit corporations, or qualified quasi-governmental agencies shall not be subject to either of the following: (a) Transfer or loan pursuant to Sections 16310, 16312, or 16313. (b) Impoundment or seizure by any state official or state agency. (Amended by Stats. 1996, Ch. 833, Sec. 8. Effective January 1, 1997.)
  149. 16429.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. )

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    Specified public entities have a right to withdraw their deposited money from the Local Agency Investment Fund on demand, and state officials or agencies may not block that right because the state misses the July 1 budget deadline.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 11. Local Agency Investment Fund [16429.1 - 16429.4] ( Article 11 added by Stats. 1976, Ch. 730. ) ## 16429.4. The right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi-governmental agency to withdraw its deposited moneys from the Local Agency Investment Fund, upon demand, may not be altered, impaired, or denied, in any way, by any state official or state agency based upon the state’s failure to adopt a State Budget by July 1 of each new fiscal year. (Added by Stats. 2002, Ch. 761, Sec. 4. Effective September 21, 2002.)
  150. 16429.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 13. 2022 California Arrearage Payment Program [16429.8 - 16429.10] ( Article 13 added by Stats. 2022, Ch. 61, Sec. 1. )

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    This section says the Legislature intends benefits under this chapter to be treated as qualified disaster relief payments and excluded from individual taxable gross income.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 13. 2022 California Arrearage Payment Program [16429.8 - 16429.10] ( Article 13 added by Stats. 2022, Ch. 61, Sec. 1. ) ## 16429.8. The Legislature finds and declares all of the following: (a) On March 4, 2020, Governor Newsom proclaimed that a state of emergency exists in California as a result of the rise of COVID-19. (b) A nationwide emergency in response to COVID-19 was declared on March 13, 2020, pursuant to the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.). A federal major disaster declaration for California was approved on March 20, 2020, and is still in effect. (c) Under Section 139 of the Internal Revenue Code, certain payments made by the state to individuals in connection with the COVID-19 pandemic qualify as disaster relief payments that are excluded from the recipient’s gross income. (d) As a federal declared disaster, the COVID-19 pandemic is considered a qualified disaster for purposes of Section 139 of the Internal Revenue Code. Those payments made in the 2021–22 state fiscal year towards utility bills under the California Arrearage Payment Program (Article 12 (commencing with Section 16429.5)), which was established in the 2021 State Budget, were considered qualified disaster relief payments by the Internal Revenue Service and excluded from an individual’s gross income. (e) Californians continue to struggle to afford the cost of energy due to the economic impacts of the ongoing COVID-19 pandemic. (f) Benefits issued under this chapter are for past due energy utility bills accrued during the COVID-19 pandemic and the Legislature intends for them to be treated as qualified disaster relief payments that are to be excluded from individual taxable gross income pursuant to Section 139 of the Internal Revenue Code. (Added by Stats. 2022, Ch. 61, Sec. 1. (AB 205) Effective June 30, 2022.)
  151. 16429.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 13. 2022 California Arrearage Payment Program [16429.8 - 16429.10] ( Article 13 added by Stats. 2022, Ch. 61, Sec. 1. )

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    This section defines terms used in the 2022 California Arrearage Payment Program article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 2. Special Funds [16346 - 16429.10] ( Chapter 2 added by Stats. 1945, Ch. 120. ) ## ARTICLE 13. 2022 California Arrearage Payment Program [16429.8 - 16429.10] ( Article 13 added by Stats. 2022, Ch. 61, Sec. 1. ) ## 16429.9. For purposes of this article, the following definitions apply: (a) “2022 CAPP” means the 2022 California Arrearage Payment Program established in Section 16429.10. (b) “COVID-19 pandemic bill relief period” means the period starting March 4, 2020, and ending December 31, 2021, inclusive of both start and end dates. (c) “Department” means the Department of Community Services and Development. (d) “Electrical cooperative” has the same meaning as defined in Section 2776 of the Public Utilities Code. (e) “Electrical corporation” has the same meaning as defined in Section 218 of the Public Utilities Code. (f) “Gas corporation” has the same meaning as defined in Section 222 of the Public Utilities Code. (g) “Load-serving entity” has the same meaning as defined in Section 380 of the Public Utilities Code. (h) “Local publicly owned electric utility” has the same meaning as defined in Section 224.3 of the Public Utilities Code. (i) “Past due bills” means active residential customer accounts with a past due balance incurred during the COVID-19 pandemic bill relief period and includes 2022 CAPP-eligible residential customer accounts that have payment plans or payment arrangements. (j) “Program notice” means official guidance issued by the department regarding 2022 CAPP implementation and administration. (k) “Utility applicant” means any of the following: (1) A local publicly owned electric utility. (2) An electrical corporation. (3) A gas corporation. (4) An electrical cooperative. (Added by Stats. 2022, Ch. 61, Sec. 1. (AB 205) Effective June 30, 2022.)
  152. 16430.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16430 - 16431] ( Article 1 added by Stats. 1945, Ch. 120. )

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    This section lists the types of securities and deposits that may be used for investing surplus moneys, subject to several rating, maturity, size, and approval limits for some categories.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16430 - 16431] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16430. Eligible securities for the investment of surplus moneys shall be any of the following: (a) Bonds or interest-bearing notes or obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. (b) Bonds or interest-bearing notes or obligations that are issued by or fully guaranteed as to principal and interest by a federal agency or a United States government-sponsored enterprise, as defined by the Omnibus Budget Reconciliation Act of 1990 (Sec. 13112, Public Law 101-508; 2 U.S.C. Sec. 622(8)). (c) Bonds, notes, or other obligations of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest. (d) (1) Bonds, notes, or other obligations of a local government of this state, including, but not limited to, any of the following: (A) A county. (B) A city. (C) A city and county. (D) A metropolitan water district. (E) A water district. (F) A water storage district. (G) An irrigation district. (H) A municipal utility district. (I) A school district. (2) Bonds, notes, or other obligations eligible for investment pursuant to this subdivision shall be within the top three ratings of a nationally recognized statistical rating organization. (e) Bonds, debentures, or other obligations of any of the following: (1) Issued by federal land banks or federal intermediate credit banks established under the Federal Farm Loan Act, as amended (12 U.S.C. Sec. 2001 et seq.). (2) Issued by the Central Bank for Cooperatives and banks for cooperatives established under the Farm Credit Act of 1933, as amended (12 U.S.C. Sec. 2001 et seq.). (3) The Federal Home Loan Bank established under the Federal Home Loan Bank Act (12 U.S.C. Sec. 1421 et seq.). (4) The Federal National Mortgage Association established under the National Housing Act, as amended (12 U.S.C. Sec. 1701 et seq.). (5) The Federal Home Loan Mortgage Corporation. (6) Issued by the Tennessee Valley Authority under the Tennessee Valley Authority Act, as amended (16 U.S.C. Sec. 831 et seq.). (7) Guaranteed by the Commodity Credit Corporation for the export of California agricultural products under the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. Sec. 714 et seq.). (f) Bonds, notes, warrants, and other securities not in default that are the direct obligations of the government of a foreign country that the International Monetary Fund lists as an advanced economy and for which the full faith and credit of that country has been pledged for the payment of principal and interest, if the securities are rated investment grade or its equivalent, or better, by a nationally recognized statistical rating organization. Securities eligible for investment pursuant to this subdivision shall satisfy all of the following: (1) Be United States dollar denominated with a maximum maturity of five years or less, and eligible for purchase and sale within the United States. (2) The combined par value of all of the investments authorized by this subdivision do not exceed 1 percent of the total par value of Pooled Money Investment Account assets at the time of purchase. (3) The government of the foreign country issuing the securities submits to the jurisdiction of a federal or state court in the United States when disputes arise related to the investments. (g) (1) Commercial paper of “prime” quality as defined by a nationally recognized statistical rating organization that rates these securities, if the commercial paper is issued by a federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company that is approved by the Pooled Money Investment Board as meeting the conditions specified in either subparagraph (A) or subparagraph (B): (A) Both of the following conditions: (i) Organized and operating within the United States. (ii) Having total assets in excess of five hundred million dollars ($500,000,000). (B) Both of the following conditions: (i) Organized within the United States as a federally or state-chartered bank or a state-licensed branch of a foreign bank, special purpose corporation, trust, or limited liability company. (ii) Having programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or surety bond. (2) A purchase of eligible commercial paper shall not do any of the following: (A) Exceed 270 days maturity. (B) Represent more than 10 percent of the outstanding paper of an issuing federally or state-chartered bank or a state-licensed branch of a foreign bank, corporation, trust, or limited liability company. (C) Exceed 30 percent of the resources of an investment program. (3) At the request of the Pooled Money Investment Board, an investment made pursuant to this subdivision shall be secured by the issuer by depositing with the Treasurer securities authorized by Section 53651 of a market value at least 10 percent in excess of the amount of the state’s investment. (h) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker’s acceptances, that are eligible for purchase by the Federal Reserve System. (i) Negotiable certificates of deposits issued by a federally or state-chartered bank or savings and loan association, a state-licensed branch of a foreign bank, or a federally or state-chartered credit union. For the purposes of this section, negotiable certificates of deposits are not subject to Chapter 4 (commencing with Section 16500) and Chapter 4.5 (commencing with Section 16600). (j) The portion of bank loans and obligations guaranteed by the United States Small Business Administration or the United States Farmers Home Administration. (k) Bank loans and obligations guaranteed by the Export-Import Bank of the United States. (l) Student loan notes insured under the Guaranteed Student Loan Program established pursuant to the Higher Education Act of 1965, as amended (20 U.S.C. Sec. 1001 et seq.) and eligible for resale to the Student Loan Marketing Association established pursuant to Section 133 of the Education Amendments of 1972, as amended (20 U.S.C. Sec. 1087-2). (m) Obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the International Finance Corporation, the Government Development Bank for Puerto Rico, the European Bank for Reconstruction and Development, or the European Investment Bank. (n) Bonds, debentures, and notes issued by corporations organized and operating within the United States. Securities eligible for investment pursuant to this subdivision shall be within the top three ratings of a nationally recognized statistical rating organization. (o) Negotiable Order of Withdrawal Accounts (NOW Accounts), invested in accordance with Chapter 4 (commencing with Section 16500). (p) Shares of any money market mutual fund subject to registration by, and under the regulatory authority of, the United States Securities and Exchange Commission, provided that all of the following conditions are met: (1) The money market mutual fund invests in securities and obligations described in one or more of the following: subdivision (a), (b), or (e) of this section or repurchase agreements or reverse repurchase agreements described in Section 16480.4. (2) The financial institution issuing shares of the money market mutual fund has at least five years of experience investing in the types of securities and obligations being purchased by the state and has assets under management in the money market mutual fund in excess of ten billion dollars ($10,000,000,000). (3) The money market mutual fund has attained the highest ranking or the highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations. (4) The financial institution does not impose a commission on the purchase or sale of fund shares by the state. (5) The state does not purchase more than 10 percent of a money market mutual fund’s total assets. (6) The state does not invest more than 10 percent of the Pooled Money Investment Account’s funds in any single money market mutual fund meeting the requirements of this subdivision. (Amended by Stats. 2022, Ch. 126, Sec. 1. (AB 2332) Effective January 1, 2023.)
  153. 16431.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16430 - 16431] ( Article 1 added by Stats. 1945, Ch. 120. )

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    The state may invest deferred compensation funds, but only under a written employee deferral agreement and an approved plan, and not in any investment the California Constitution forbids.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16430 - 16431] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16431. (a) Notwithstanding any other provisions of this code, funds held by the state, pursuant to a written agreement between the state and employees of the state to defer a portion of the compensation otherwise receivable by the state’s employees and pursuant to a plan for that deferral as adopted by the state and approved by the Department of General Services, may be invested in the types of investments set forth in Sections 53601 and 53602 and may additionally be invested in corporate stocks, bonds, and securities, mutual funds, savings and loan accounts, credit union accounts, annuities, mortgages, deeds of trust, or other security interests in real or personal property. Nothing in this section shall be construed to permit any type of investment prohibited by the California Constitution. (b) Deferred compensation funds are public pension or retirement funds for the purposes of Section 17 of Article XVI of the California Constitution. (Amended by Stats. 2016, Ch. 31, Sec. 141. (SB 836) Effective June 27, 2016.)
  154. 16470.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

    Verify source ↗

    The Pooled Money Investment Board must determine when money in certain state treasury funds is surplus money, and excepted special funds may elect to come under this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16470. The Pooled Money Investment Board shall, at such times as it deems necessary, determine whether any portion of the money then on deposit in the State Treasury to the credit of any fund, exclusive of the General Fund, is not necessary for immediate use; and if so, it shall determine the amount thereof in each such fund, which amount shall thereupon be designated as “surplus money.” This article does not apply to any fund included within subdivisions (b), (c), (d), (e), and (f) of Section 16475, or the State Highway Fund, the Public Employees’ Retirement Fund, Legislators’ Retirement Fund and State Teachers’ Retirement Fund, or the Unemployment Compensation Disability Fund. Any special fund excepted from this article may elect, by filing with the Pooled Money Investment Board a notice of election, to come under the provisions of the Surplus Money Investment Fund; which election shall be revocable by such special fund effective as of December 31st or June 30th of any year upon 30 or more days’ notice prior to either of said dates. (Amended by Stats. 1975, Ch. 533.)
  155. 16471.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

    Verify source ↗

    When surplus money is determined in a special fund, the Controller must transfer it to the Surplus Money Investment Fund, unless that transfer would interfere with the special fund’s purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16471. Upon the determination and designation of surplus money in any special fund, the Controller shall transfer from that fund to the Surplus Money Investment Fund in the State Treasury, which fund is continued in existence, the amount of surplus money so determined and designated. Nothing herein shall authorize the transfer of money from any special fund to the Surplus Money Investment Fund, if the transfer will interfere with the carrying out of the purpose for which the special fund was created. (Amended by Stats. 1990, Ch. 496, Sec. 1.)
  156. 16472.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

    Verify source ↗

    Money transferred to or deposited in the Surplus Money Investment Fund is appropriated without regard to fiscal years for the purposes of this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16472. All moneys transferred to or deposited in the Surplus Money Investment Fund are hereby appropriated without regard to fiscal years to carry out the purposes of this article. (Amended by Stats. 1959, Ch. 597.)
  157. 16473.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

    Verify source ↗

    The Pooled Money Investment Board must decide whether money in the Surplus Money Investment Fund is needed by a special fund, reduce the surplus amount if needed, and the State Treasurer must transfer that amount on the State Controller’s order.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16473. The Pooled Money Investment Board shall, at such times as it deems necessary, determine whether any portion of the money theretofore transferred to and remaining in the Surplus Money Investment Fund from any special fund is needed by such special fund to carry out the purposes for which it was created; and if so, it shall determine the amount thereof. Thereupon, it shall reduce the amount of surplus money theretofore designated with respect to such special fund by the amount determined to be needed by such fund. Upon such reduction of the surplus money in any special fund, the State Treasurer shall, on order of the State Controller, transfer from the Surplus Money Investment Fund to such special fund an amount of money equal to that by which the surplus money of such fund was reduced. (Amended by Stats. 1957, Ch. 1542.)
  158. 16473.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

    Verify source ↗

    A written determination signed by a majority of the Pooled Money Investment Board members counts as the board’s determination.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16473.5. For the purposes of this article, a written determination signed by a majority of the members of the Pooled Money Investment Board shall be deemed to be the determination of the board. (Amended by Stats. 1963, Ch. 1545.)
  159. 16474.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

    Verify source ↗

    The State Treasurer must invest and reinvest money in the Surplus Money Investment Fund as part of the Pooled Money Investment Account.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16474. The money in the Surplus Money Investment Fund, shall be invested and reinvested by the State Treasurer as a part of the Pooled Money Investment Account. (Amended by Stats. 1967, Ch. 505.)
  160. 16475.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

    Verify source ↗

    At each calendar quarter end, the Controller must deposit specified interest earnings into the Surplus Money Investment Fund and then quarterly apportion the earnings, after certain reasonable costs are deducted, to listed treasury funds.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16475. At the conclusion of each calendar quarter, all interest earned and other increment derived from investments made pursuant to this article, interest earnings from demand accounts, and interest earnings pursuant to Section 20825 shall, on order of the Controller, be deposited in the Surplus Money Investment Fund. The Controller, after deducting an amount equal to the reasonable costs incurred by the Treasurer, the Controller, and the Department of Finance in carrying out this article, shall apportion, quarterly, to the following funds in the Treasury, interest earned or increment derived for the three calendar months ending with those dates: (a) The General Fund. (b) Each fund into which are deposited or which contains moneys collected from any tax now or hereafter imposed by the state upon the manufacture, sale, distribution, or use of motor vehicle fuel, for use in motor vehicles upon the public streets and highways. (c) Each fund into which are deposited or which contains moneys collected from motor vehicle and other vehicle registration license fees or from any other tax or license fee now or hereafter imposed by the state upon vehicles, motor vehicles or the operation thereof, except those taxes and license fees that, by the provisions of Section 7 of Article XIX of the California Constitution, are exempted from the provisions of Section 2 of Article XIX. (d) Each fund into which are deposited or that contains moneys collected under any law of this state relating to the protection, conservation, propagation, or preservation of fish, game, mollusks, or crustaceans, and fines imposed by any court for the violation of any of those laws. (e) Each fund into which are deposited or that contains moneys available for construction, repair, replacement, maintenance or operation of public works of the state, including, but not limited to, the facilities of the State Water Resources Development System, as defined in Section 12931 of the Water Code, toll facilities financed, built, or acquired pursuant to the California Toll Bridge Authority Act (Chapter 1 (commencing with Section 30000) of Division 17 of the Streets and Highways Code), or moneys available for the payment of principal or interest on bonds issued to provide for the construction of those facilities. (f) Every other fund in respect to which the Director of Finance on the advice of the Attorney General determines that the operation of the California Constitution or the United States Constitution prohibits the expenditure of interest received under this article and allocated on the basis of amounts in that fund for General Fund purposes. (g) Each fund not included within subdivisions (a) to (f), inclusive. The apportionments shall be made by the Controller in the following manner: (1) All money not apportioned to the funds referred to in subdivisions (b), (c), (d), (e), (f), and (g) shall be apportioned to the General Fund. (2) There shall be apportioned to each of the funds referred to in subdivisions (b), (c), (d), (e), (f), and (g), an amount directly proportionate to the respective amounts transferred from those funds to the Surplus Money Investment Fund and the length of time the amounts remained therein. (3) Interest accrued or paid to the Pooled Money Investment Account from the proceeds of tax-exempt obligations on loans made pursuant to Section 16312 or 16313, to the extent thereof, shall be deemed apportioned to the State Highway Account or any other accounts that may be designated by the Controller pursuant to Section 16654, but only to the extent of its proportionate earnings as determined under paragraph (2). This paragraph shall neither increase nor decrease the amount of earnings apportioned to any fund or account in accordance with this section. These moneys shall be deemed expended, or applied to reimburse expenditures previously paid, first following the allocation of these interest earnings of the Surplus Money Investment Fund to the State Highway Account or any other accounts that may be designated by the Controller pursuant to Section 16654. It is the intent of the Legislature that this paragraph shall authorize the Treasurer and the Controller to monitor the expenditure of the proceeds of tax-exempt obligations in order to comply with federal tax laws and shall neither increase nor decrease the amount of bonds, notes, or other obligations to be issued by the state or any subdivision thereof, nor shall this paragraph be interpreted to indicate that the allocation is contrary to any bond act. (Amended by Stats. 2017, Ch. 50, Sec. 1. (SB 84) Effective July 10, 2017.)
  161. 16475.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

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    Interest earned by governmental cost funds must be transferred to the unappropriated surplus of the General Fund for January 1, 1982 through June 30, 1982, unless a listed exception applies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16475.1. Notwithstanding any other provisions of law, the interest earned by governmental cost funds, as determined jointly by the Controller and Director of Finance, for the period January 1, 1982, through June 30, 1982, inclusive, shall be transferred to the unappropriated surplus of the General Fund. This section shall not apply to the Department of Food and Agriculture Fund or to the Acala Cotton Fund. The section shall also not apply to any governmental cost funds if the use of interest from those funds for General Fund purposes is prohibited by the California Constitution or the United States Constitution. (Added by Stats. 1982, Ch. 207, Sec. 3. Effective May 20, 1982.)
  162. 16475.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

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    Each calendar quarter, net interest and other investment increment from the Fish and Game Preservation Fund must be transferred back to that fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16475.5. Notwithstanding Section 16475, at the conclusion of each calendar quarter, all interest earned and other increment derived from the investment pursuant to this article of money of the Fish and Game Preservation Fund, less the expenses incurred by the Treasurer, the Controller, and the Department of Finance under this article in connection with the investment of this money, shall be transferred to the Fish and Game Preservation Fund. (Amended by Stats. 2003, Ch. 100, Sec. 3. Effective January 1, 2004.)
  163. 16476.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. )

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    If part of this article is held invalid, the rest of the article still remains in effect.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4. Special Fund Investments [16470 - 16476] ( Article 4 added by Stats. 1945, Ch. 991. ) ## 16476. If any provision of this article, or the application thereof to the money in any fund referred to herein, is held invalid, the remaining provisions of this article shall not be affected thereby. (Added by Stats. 1945, Ch. 991.)
  164. 16480.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

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    State money held by the Treasurer, and money in the State Treasury, is set aside for investment and deposit under this article, with one stated exception.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480. All state money held by the State Treasurer in treasury trust accounts, and all money in the State Treasury, except money in the Unemployment Compensation Disability Fund during any period when an election under Section 16470 is not in effect, is appropriated for the purpose of investment and deposit as provided in this article. In addition, nonstate money held by the Treasurer in the Local Agency Investment Fund may be included in those investments and deposits as provided in this article. (Amended by Stats. 2002, Ch. 761, Sec. 5. Effective September 21, 2002.)
  165. 16480.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    The Pooled Money Investment Board is created, must meet at least quarterly, and must monthly set the amount of money available for investment and the type of investment or deposit. It may also increase surplus money available for time deposits for a stated banking purpose.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.1. There is hereby created a Pooled Money Investment Board, which shall consist of the Controller, Treasurer and Director of Finance. The Pooled Money Investment Board shall meet at least once in every three months and shall designate at least once a month the amount of money available under this article for investment in securities authorized by Article 1 of this chapter, or in deposits in banks and savings and loan associations, or in loans to the General Fund and the type of investment or deposit. The Pooled Money Investment Board may increase the amount of surplus money normally available for time deposits with the express purpose of placing this money in banks that are members of a California job development corporation and who have made loans to such a corporation or to corporation-approved borrowers. For the purpose of this article, a written determination signed by a majority of the members of the Pooled Money Investment Board shall be deemed to be the determination of the board. (Amended by Stats. 2008, Ch. 211, Sec. 8. Effective January 1, 2009.)
  166. 16480.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    This section states that available investment or deposit money should be placed to maximize return while staying safe and prudent.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.2. It is the intent of this article that money available for investment or deposit be invested in securities or deposited in banks and savings and loan associations in such a way as to realize the maximum return consistent with safe and prudent treasury management. (Amended by Stats. 1976, Ch. 349.)
  167. 16480.3.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    The Treasurer must invest or make deposits in banks and savings and loan associations as designated under Section 16480.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.3. Immediately after designations described in Section 16480.1, the Treasurer shall invest or make deposits in banks and savings and loan associations in accordance with the designations. (Amended by Stats. 1976, Ch. 349.)
  168. 16480.35.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    The Pooled Money Investment Board must give due regard to helping certain state programs when it administers its investment program.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.35. It is the intent of the Legislature that the Pooled Money Investment Board, in administering its investment program, shall give due regard to assisting such specific programs of the state designed to support the economy of economically disadvantaged areas as the California Job Development Corporation Law. (Added by renumbering Section 16480.3 (as added by Stats. 1968, Ch. 1474) by Stats. 1971, Ch. 438.)
  169. 16480.4.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    The State Treasurer may invest and reinvest available amounts, sell or exchange securities in the state’s best interests, enter repurchase or reverse repurchase agreements, and hire an investment analyst.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.4. (a) Amounts available for investment under this article may be invested and reinvested by the State Treasurer in any securities described in Section 16430 of this code or in loans to the General Fund as provided in Section 16310 of this code. Such securities may be sold by the State Treasurer or exchanged by him for other securities of the kind authorized to be purchased hereunder, if, in his discretion, such sale or exchange appears to be in the best interests of the state. The State Treasurer may enter into repurchase agreements or reverse repurchase agreements of any securities described in Section 16430. (b) The State Treasurer may hire or engage the services of an investment analyst to assist in such investment decisions. (c) For purposes of this section, the term “repurchase agreement” means a purchase of securities by the State Treasurer pursuant to an agreement by which the seller will repurchase such securities on or before a specified date and for a specified amount. (d) For purposes of this section, the term “reverse repurchase agreement” means a sale of securities by the State Treasurer pursuant to an agreement by which the State Treasurer will repurchase such securities on or before a specified date and for a specified amount. (Repealed and added by Stats. 1978, Ch. 605, Sec. 2.)
  170. 16480.45.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    The Treasurer may invest in Property Assessed Clean Energy (PACE) bonds, in addition to other investments authorized by this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.45. In addition to any other investment authorized by this article, the Treasurer may invest in Property Assessed Clean Energy (PACE) bonds, as defined in Section 26054 of the Public Resources Code. (Amended by Stats. 2019, Ch. 396, Sec. 8. (AB 1513) Effective January 1, 2020.)
  171. 16480.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    Controller’s warrants used for investments under this article must be drawn on all money in the treasury and not on a fund.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.5. Investments pursuant to this article shall be purchased by Controller’s warrants. Such warrants shall not be drawn upon a fund but shall be drawn on all moneys in the treasury. (Added by Stats. 1955, Ch. 1703.)
  172. 16480.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

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    Each calendar quarter, interest and related earnings must be distributed to the General Fund and the Surplus Money Investment Fund, and the Controller and Treasurer must carry out the required securities exchange and transfers when the section’s amendment date condition is met.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.6. (a) At the conclusion of each calendar quarter, all interest earned and increment derived from investments in securities, time deposits and loans made pursuant to this article, interest earnings from demand accounts, and interest earnings pursuant to Section 20825 shall upon order of the Controller be distributed to the General Fund and the Surplus Money Investment Fund. The basis for distribution to the Surplus Money Investment Fund shall be the ratio that the total dollar day designated surplus balance in the Surplus Money Investment Fund bears to the total dollar day investments of the Pooled Money Investment Account. (b) On the effective date of the amendment of this section at the 1967 Regular Session, the Controller shall exchange the securities held as investments in the Surplus Money Investment Fund for money available for investment under this article, the securities to be exchanged at their values as they appear on the accounts of the Surplus Money Investment Fund at the time of exchange. Upon order of the Controller, the Treasurer shall make the corresponding transfers of the securities. (Amended by Stats. 2017, Ch. 50, Sec. 2. (SB 84) Effective July 10, 2017.)
  173. 16480.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    Within 30 days after each month ends, a Treasurer’s investment report and a copy of each board designation must be filed for public inspection during business hours at the offices of the Controller, Treasurer, and Director of Finance.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.7. Not later than 30 days after the close of each month there shall be placed on file for public inspection during business hours at the offices of the Controller, Treasurer and Director of Finance: (a) A report by the Treasurer with respect to investments made under this article and deposits in banks and savings and loan associations showing transactions during such month and any related information the board deems should be included; and (b) A copy of each designation made by the board under this article. (Amended by Stats. 1976, Ch. 349.)
  174. 16480.8.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

    Verify source ↗

    If part of this chapter is invalid, the rest still applies. This article and Article 4 override other laws on state-fund investments by state agencies, except for certain funds listed in Section 16475.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.8. If any provision in this chapter, or the application thereof to the money in any fund in the Treasury, is held invalid, the remaining provisions of this chapter shall not be affected thereby. The provisions of this article and Article 4 (commencing with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the Government Code supersede any other provision of law relating to the investment of state funds by any state agency other than the Pooled Money Investment Board except for those funds included in subdivisions (b), (c), (d), (e), and (f) of Section 16475 of this code. (Amended by Stats. 1968, Ch. 1457.)
  175. 16480.9.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

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    Twice each year, on December 31 and June 30, all interest and increment earned from investments of Fish and Game Preservation Fund money under this article must be transferred back to that fund, despite Section 16480.6.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16480.9. Notwithstanding the provisions of Section 16480.6, as of December 31 and June 30 each year all interest earned and increment derived from the investment pursuant to this article of money of the Fish and Game Preservation Fund shall be transferred to the Fish and Game Preservation Fund. (Added by Stats. 1974, Ch. 1030.)
  176. 16481.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

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    The State Treasurer may enter into security loan agreements for securities the Treasurer is legally authorized to invest in.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16481. Notwithstanding any other provision of the law, the State Treasurer may enter into security loan agreements pursuant to the provisions of Division 8 (commencing with Section 7600) of Title 1 of the Government Code with respect to securities which he is authorized by law to invest in. (Added by Stats. 1975, Ch. 1214.)
  177. 16481.1.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

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    The Pooled Money Investment Board takes over specified powers, duties, responsibilities, and jurisdiction from the committee that fixes interest on registered warrants, and it controls the committee’s records and property.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16481.1. The Pooled Money Investment Board shall succeed to and is vested with all of the powers, duties, purposes, responsibilities, and jurisdiction in matters now or hereafter vested by law in the committee which fixes the rate of interest paid on registered warrants pursuant to Article 2 (commencing with Section 17220) of Chapter 2 of Part 4 of Division 4 of Title 2, or any officer or employee thereof. Whenever reference is made to the committee to fix interest paid on registered warrants, it shall be deemed to be a reference to the Pooled Money Investment Board. The board shall have possession and control of all records, books, papers, and other property, real, personal, and mixed, now or hereafter held for the benefit or use of the committee. (Added by Stats. 1981, Ch. 604, Sec. 6.)
  178. 16481.2.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

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    The Treasurer must file an annual written investment policy statement, promptly report material changes, and submit a quarterly report to the Pooled Money Investment Board within 30 days after each quarter ends.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16481.2. (a) The Treasurer shall annually prepare and submit to the Pooled Money Investment Board a written statement of investment policy. The Treasurer shall promptly notify the board of any material change in the statement of investment policy. The board shall consider the statement of investment policy and any changes therein at a public meeting. (b) In addition to the report required by Section 16480.7, the Treasurer shall submit a quarterly report to the Pooled Money Investment Board within 30 days following the end of the quarter covered by the report containing the following: (1) The type of investment, name of the issuer, date of maturity, par and dollar amount invested in each security, investment, and money within the treasury. (2) The weighted average maturity of the investments within the treasury. (3) Any funds, investments, or programs, including loans, that are under the management of contracted parties. (4) The market value as of the date of the report, and the source of this valuation for any security within the treasury. (5) A description of the compliance with the statement of investment policy. (c) The board may, by resolution, require the treasurer to report the information required in subdivision (b) every month rather than quarterly. (Added by Stats. 1995, Ch. 783, Sec. 1. Effective January 1, 1996.)
  179. 16482.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. )

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    A state agency with a qualifying grant agreement may, with the grant recipient’s consent, change deadlines and deliverable timetables or end the agreement if no grant funds have been delivered.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 4.5. Treasury Pooled Money Investments [16480 - 16482] ( Article 4.5 added by Stats. 1955, Ch. 1703. ) ## 16482. (a) Subject to subdivisions (b) and (c), and notwithstanding any other provision of law, any state agency that has entered into a grant agreement for the expenditure of state bond funds where the state agency or grant recipient is, or may be, unable to comply with the terms of that agreement because of the suspension of interim funding for projects and contracts by the Pooled Money Investment Board on or after December 18, 2008, shall, with the consent of the grant recipient, have authority to do either of the following: (1) Renegotiate, modify, or eliminate the deadlines and timetables for deliverables within the grant agreement in order to address the suspension. (2) Terminate the grant agreement if no grant funds have yet been delivered thereunder. (b) Nothing in this section shall modify any act under which bonds are authorized to be issued or the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code). (c) The authority granted under this section is supplemental and in addition to any other authority provided under law. Nothing in this section, in and of itself, modifies any existing grant agreement rights and obligations. (Added by Stats. 2009, Ch. 526, Sec. 1. (AB 1364) Effective October 11, 2009.)
  180. 16485.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. )

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    This section says the article’s purpose is to allow procedures for transferring bonds between State Treasury funds in certain cases.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. ) ## 16485. It is the purpose of this article to authorize the establishment of procedures for the transfer of bonds between funds in the State Treasury in the following cases: (a) When bonds held as investments by a fund in the State Treasury are to be sold by such fund to, and purchased for, another State Treasury fund; or (b) When, under any provision of law, a specific amount of cash is required to be paid from a fund in the State Treasury holding bond investments to another State Treasury fund, and it is in the interest of the State to transfer all or part of such amount in bonds, in lieu of cash, because the amount of cash required to be transferred is not needed for the immediate use of the fund to which such amount is required to be paid. (Added by Stats. 1951, Ch. 208.)
  181. 16486.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. )

    Verify source ↗

    This section defines key terms used in the article, including “investing authority,” “effective date,” “market value,” and “bond.”

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. ) ## 16486. For the purposes of this article, the following definitions shall apply: (a) “Investing authority,” with respect to any State Treasury fund, means the state agency authorized by law to purchase or sell bond investments on behalf of that fund. (b) “Effective date” means the date on which the sale or transfer of bonds is to take effect. (c) “Market value” means the market value of the bonds to be sold, purchased, or transferred, as that value is jointly determined by the respective investing authorities of the funds affected by the transaction, plus the accrued interest on the bonds, as of the effective date. If the respective investing authorities fail to agree, the “market value” of the bonds shall be determined by the Treasurer. (d) “Bond” means any bond, note, or other form of indebtedness that is a legal investment for any state fund affected by the transaction. (Amended by Stats. 1996, Ch. 320, Sec. 25. Effective January 1, 1997.)
  182. 16487.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. )

    Verify source ↗

    The State Controller may set procedures to carry out Section 16485, and those procedures are exempt from the Administrative Procedure Act.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. ) ## 16487. The State Controller may establish procedures for the purpose of carrying out the purposes set forth in Section 16485. These procedures are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3). (Amended by Stats. 1996, Ch. 320, Sec. 26. Effective January 1, 1997.)
  183. 16488.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. )

    Verify source ↗

    The article is permissive only, and it does not require any state agency to approve or carry out an essential step in a bond purchase, sale, or transfer.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. ) ## 16488. The procedures authorized to be adopted by this article are permissive only, and no provision hereof shall require any state agency to approve or perform any act which, under such procedure, is an essential step in the purchase, sale or transfer of bonds thereunder. (Added by Stats. 1951, Ch. 208.)
  184. 16489.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. )

    Verify source ↗

    Procedures under this article must treat the market value of bonds as cash equivalent when bonds are bought, sold, or transferred instead of cash.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. ) ## 16489. Any procedure established under this article shall provide that the market value of the bonds shall be regarded, for the purposes thereof, as the equivalent of cash in that amount, in any purchase, sale or transfer of bonds in lieu of cash thereunder. (Added by Stats. 1951, Ch. 208.)
  185. 16490.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. )

    Verify source ↗

    A procedure under this article must ensure that certain officials get copies of specified records for bond purchases, sales, or transfers.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 5. Interfund Purchases, Sales and Transfers of Bond Investments [16485 - 16490] ( Article 5 added by Stats. 1951, Ch. 208. ) ## 16490. Any procedure established under this article shall require that in connection with any purchase, sale or transfer of bonds thereunder, the State Controller, State Treasurer, Director of Finance, and each investing authority shall be furnished a copy of: (a) Every journal entry and other accounting instrument prepared by the State Controller and the State Treasurer for the purpose of recording such transaction on their accounts; (b) The determination of market value and effective date made by each investing authority in connection with such transaction. (Added by Stats. 1951, Ch. 208.)
  186. 16492.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    The section establishes a Local Agency Emergency Loan Fund as a lender of last resort for local agencies needing short-term financing.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16492. The Legislature finds and declares that local agencies may be unable to sell short-term notes to financial institutions at the end of the 1977–78 fiscal year and the beginning of the 1978–79 fiscal year due to the lack of certainty in their ability to raise revenue to repay such short-term notes. Therefore, another source of short-term financing is necessary to ensure the orderly delivery of basic programs and services during the beginning of the fiscal year. In order to meet this need, the state, in this article, hereby establishes a Local Agency Emergency Loan Fund to serve as the lender of last resort. (Added by Stats. 1978, Ch. 292.)
  187. 16492.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    The Local Agency Emergency Loan Fund is meant to provide short-term loans to local agencies for operational purposes so vital services are not interrupted.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16492.5. It is the purpose of the Local Agency Emergency Loan Fund to provide short-term loans to local agencies for operational purposes so that vital services are not interrupted. (Added by Stats. 1978, Ch. 292.)
  188. 16493.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    This section defines “Board” and “local agency” for this article.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16493. As used in this article: (a) “Board” means the Pooled Money Investment Board. (b) “Local agency” means a city, county, city and county, special district, school district, county board of education, or community college district which levied a property tax during the 1977–78 fiscal year or for which a property tax was levied. “Local agency” also means any city, special district, or school district formed during the 1977–78 fiscal year which was authorized to levy a property tax but did not actually levy such a tax for that year. (Added by Stats. 1978, Ch. 292.)
  189. 16493.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    This section creates the Local Agency Emergency Loan Fund in the State Treasury and makes short-term loans available to local agencies for operating costs during the 1977–78 and 1978–79 fiscal years.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16493.5. There is hereby created in the State Treasury a Local Agency Emergency Loan Fund. Short-term loans shall be available to local agencies for the purpose of meeting operating costs at the end of the 1977–78 fiscal year and during the 1978–79 fiscal year. Such funds shall not be used for capital outlay projects. (Added by Stats. 1978, Ch. 292.)
  190. 16494.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    A loan under this section cannot exceed 50% of the relevant local agency property tax revenues, with a special cap for certain newly formed local agencies.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16494. The amount of any loan shall not exceed 50 percent of the local agency’s property tax revenues for the 1977–78 fiscal year, including state property tax relief subventions. The maximum amount of a loan to a local agency which was formed during the 1977–78 fiscal year and authorized to levy a property tax, but did not do so, shall be no more than 50 percent of the amount such agency could have levied if it had levied such a tax. (Added by Stats. 1978, Ch. 292.)
  191. 16494.7.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    A local agency may apply to the board for a loan under this article by August 21, 1978, but only after its governing body adopts a resolution with the required statements and evidence.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16494.7. Notwithstanding any other provision of law, any local agency may apply to the board, by no later than August 21, 1978, for a loan pursuant to this article after the adoption by the local agency’s governing body of a resolution containing all of the following: (a) A statement that the local agency is authorized to issue revenue or tax anticipation notes; (b) A statement indicating the local agency’s property tax revenues for the 1977–78 fiscal year, including state property tax subvention. With respect to a local agency formed during the 1977–78 fiscal year and authorized to levy a property tax, but did not do so, a statement estimating the amount such agency could have levied if it had levied such a tax; (c) A finding based on substantial evidence that the agency’s cash flow is not sufficient to meet current obligations for the operation of vital services and that all unrestricted reserves except for a prudent surplus have been exhausted or will be exhausted at the time the loan is made; (d) A statement that taxes, revenues, and other income not obligated by law for a specific purpose and anticipated to be received during the 1978–79 fiscal year, will be available to repay the principal and interest on such loan before May 31, 1979; (e) A statement that revenue and tax anticipation notes are not currently being purchased from the local agency by private lenders; and (f) Evidence that the local agency is unable to use interfund transfers to meet its short-term cash obligations. (Amended by Stats. 1978, Ch. 332.)
  192. 16495.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    The board may approve, reduce, or deny loan applications, must act within 10 days after receipt, and may not make loans after August 31, 1978.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16495. (a) The board may approve, reduce, or deny any loan application. Such action shall be taken within 10 days of the receipt of an application. No loan shall be made by the board after August 31, 1978. The board shall establish the form and content of loan applications, and procedures for periodic disbursements of approved loans to local agencies. (b) For the purposes of this article, each member of the board may appoint a representative to act on his behalf. The board shall have the authority to appoint sufficient staff to process loan applications received by the board. (Added by Stats. 1978, Ch. 292.)
  193. 16495.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. )

    Verify source ↗

    Loans under this section must bear interest comparable to the statewide market rate for tax anticipation notes, must be repaid to the General Fund on the stated schedule, and may trigger offsets, lien rights, or audits if not repaid.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 3. Investments [16430 - 16495.5] ( Chapter 3 added by Stats. 1945, Ch. 120. ) ## ARTICLE 6. Local Agency Emergency Loan Fund [16492 - 16495.5] ( Article 6 added by Stats. 1978, Ch. 292. ) ## 16495.5. (a) All loans shall bear an interest rate comparable to the prevailing market interest rate statewide for tax anticipation notes purchased by major California banks, as determined by the board. The interest on such loans shall accrue until final payment. (b) Any such loan constitutes a lien and charge against the taxes, revenues, and other income not obligated by law collected during the fiscal year in which it was borrowed. The loan shall be repaid into the General Fund from the money received by the local agency from the taxes, revenues, and income as it becomes available. At a minimum, 50 percent of the principal and interest shall be repaid by December 31, 1978, and the remaining principal and interest shall be repaid by May 31, 1979. If such loan is not repaid, the board shall request the State Controller to offset the amount not repaid against any payments required by law to be made by the state to the defaulting local agency. If the total of such payments is less than the amount owed to the state, the state may exercise its lien rights pursuant to this section. (c) The State Controller may audit all loan recipients. (Added by Stats. 1978, Ch. 292.)
  194. 1650.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Payment of Premiums [1650 - 1653] ( Article 8 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    This article does not apply to notaries public.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 3. Official Bonds [1450 - 1653] ( Chapter 3 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 8. Payment of Premiums [1650 - 1653] ( Article 8 enacted by Stats. 1943, Ch. 134. ) ## 1650. This article does not apply to notaries public. (Enacted by Stats. 1943, Ch. 134.)
  195. 16500.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. )

    Verify source ↗

    This section defines “eligible bank” and limits deposits to banks that provide the security required by the chapter.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16500. As used in this chapter, “eligible bank” means a state or national bank located in this state, selected by the Treasurer for the safekeeping of money belonging to or in the custody of the state, that has received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of the bank’s record of meeting the credit needs of the state’s communities, including low- and moderate-income neighborhoods, pursuant to Section 2906 of Title 12 of the United States Code. An eligible bank is eligible to receive deposits only to the extent that it furnishes the security required by this chapter. (Amended by Stats. 2000, Ch. 1036, Sec. 1. Effective January 1, 2001.)
  196. 16500.5.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. )

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    This section says certain Financial Code definitions apply here and expands the meaning of several bank phrases to cover listed California branch offices of foreign banks.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16500.5. (a) The definitions in Section 1670 of, and Chapter 1 (commencing with Section 99) of Division 1 of, the Financial Code apply to this section. (b) In this chapter, for purposes of being an eligible bank for the safekeeping of moneys belonging to, or in the custody of, the state, the phrases “state or national bank located in this state,” “state or national bank,” “state or national bank in this state,” and “state or national banks in the state” shall include, without limitation, any of the following: (1) Any California branch office of a foreign (other state) state bank that the bank is authorized to maintain under the law of its domicile and federal law. (2) Any California branch office of a foreign (other state) national bank that the bank is authorized to maintain under federal law. (3) Any California branch office of a foreign (other nation) bank that the bank is licensed to maintain under Article 3 (commencing with Section 1800) of Chapter 20 of Division 1 of the Financial Code. (4) Any California federal branch of a foreign (other nation) bank that the bank is authorized to maintain under federal law. (Amended by Stats. 2018, Ch. 92, Sec. 105. (SB 1289) Effective January 1, 2019.)
  197. 16501.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. )

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    The Treasurer may deposit money in banks outside California if the stated conditions are met and the Director of Finance approves the conditions.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16501. Under the conditions as the Treasurer with the approval of the Director of Finance may establish, the Treasurer may deposit money in banks outside this state when the banks are fiscal agents of the state or custodians of securities owned by the state, if the banks have an overall rating of not less than “satisfactory” in their most recent evaluation by the appropriate federal financial supervisory agency of the banks’ record of meeting the credit needs of the communities in which the bank is located, including low- and moderate-income neighborhoods, pursuant to Section 2906 of Title 12 of the United States Code. (Amended by Stats. 2000, Ch. 1036, Sec. 2. Effective January 1, 2001.)
  198. 16502.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. )

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    The Treasurer must, as far as possible, deposit certain State money in eligible banks to the credit of the State.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16502. All other money in the State Treasury or under the control of the Treasurer belonging to or in the custody of the State, shall, so far as possible, be deposited by the Treasurer to the credit of the State in eligible banks. Any sum in the State Treasury so deposited is deemed to be in the State Treasury. Any other amount so deposited is deemed to be held in trust by the Treasurer. (Amended by Stats. 1957, Ch. 1542.)
  199. 16503.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. )

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    The Treasurer must decide how much money is deposited as time deposits and demand deposits, and what interest rates are to be received, subject to Article 4.5 limitations.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16503. Subject to the limitations of Article 4.5 (commencing with Section 16480) of Chapter 3, the Treasurer shall determine what amounts of money shall be deposited: (a) As time deposits, and the rates of interest to be received. (b) As demand deposits, and the rates of interest to be received, if any. (Amended by Stats. 1983, Ch. 142, Sec. 48.)
  200. 16504.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. )

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    The Treasurer may move money from time deposits into demand deposits when needed to meet current requirements, subject to the applicable contract.

    ## Government Code - GOV ## TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980] ( Title 2 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. FISCAL AFFAIRS [16100 - 17700] ( Division 4 added by Stats. 1945, Ch. 119. ) ## PART 2. STATE FUNDS [16300 - 16649.95] ( Part 2 added by Stats. 1945, Ch. 120. ) ## CHAPTER 4. Bank Deposits [16500 - 16565] ( Chapter 4 added by Stats. 1945, Ch. 120. ) ## ARTICLE 1. General [16500 - 16510] ( Article 1 added by Stats. 1945, Ch. 120. ) ## 16504. Subject to the applicable contract, the Treasurer may call in money from time deposits and place it in demand deposits, when necessary to meet current requirements; and time money in his possession for which there is no demand may be placed as demand deposits. (Amended by Stats. 1961, Ch. 69.)

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