PART 7. STATE-MANDATED LOCAL COSTS
Part 7 added by Stats. 1984, Ch. 1459, Sec. 1.
§§ 17500–17630 · 93 sections
CHAPTER 1. Legislative Intent § 17500 · 1 section
- § 17500 The Legislature finds and declares that the existing system for reimbursing local agencies and school districts for the costs of state-mandated local programs…
CHAPTER 2. General Provisions §§ 17510–17524 · 17 sections
- § 17510 Unless the context otherwise requires, the definitions contained in this chapter govern the construction of this part. The definition of a word applies to any…
- § 17511 “City” means any city whether general law or charter, except a city and county.
- § 17512 “Commission” means the Commission on State Mandates.
- § 17513 “Costs mandated by the federal government” means any increased costs incurred by a local agency or school district after January 1, 1973, in order to comply…
- § 17514 “Costs mandated by the state” means any increased costs which a local agency or school district is required to incur after July 1, 1980, as a result of any…
- § 17515 “County” means any chartered or general law county. “County” includes a city and county.
- § 17516 “Executive order” means an order, plan, requirement, rule, or regulation issued by any of the following: (a) The Governor. (b) An officer or official serving…
- § 17517.5 “Cost savings authorized by the state” means any decreased costs that a local agency or school district realizes as a result of any statute enacted or any…
- § 17518 “Local agency” means any city, county, special district, authority, or other political subdivision of the state.
- § 17518.5 (a) “Reasonable reimbursement methodology” means a formula for reimbursing local agencies and school districts for costs mandated by the state, as defined in…
- § 17519 “School district” means any school district, community college district, or county superintendent of schools.
- § 17520 “Special district” means any agency of the state that performs governmental or proprietary functions within limited boundaries. “Special district” includes a…
- § 17521 “Test claim” means the first claim filed with the commission alleging that a particular statute or executive order imposes costs mandated by the state, and…
- § 17521.5 “Legislatively determined mandate” means the provisions of a statute or executive order that the Legislature, pursuant to Article 1.5, has declared by statute…
- § 17522 (a) “Initial reimbursement claim” means a claim filed with the Controller by a local agency or school district for costs to be reimbursed for the fiscal years…
- § 17523 “Deflator” means the Implicit Price Deflator for the Costs of Goods and Services to Governmental Agencies, as determined by the Department of Finance.
- § 17524 “Base year entitlement” means that amount determined to be the average for the approved reimbursement claims of each local agency or school district for the…
CHAPTER 3. Commission on State Mandates §§ 17525–17533 · 9 sections
- § 17525 (a) There is hereby created the Commission on State Mandates, which shall consist of seven members as follows: (1) The Controller. (2) The Treasurer. (3) The…
- § 17526 (a) All meetings of the commission shall be open to the public, except that the commission may meet in executive session to consider the appointment or…
- § 17527 In carrying out its duties and responsibilities, the commission shall have the following powers: (a) To examine any document, report, or data, including…
- § 17528 The members of the commission shall elect a chairperson and a vice chairperson of the commission.
- § 17529 The commission may appoint as attorney to the commission an attorney at law of this state, who shall hold office at the pleasure of the commission. The…
- § 17530 The commission shall appoint an executive director, who shall be exempt from civil service and shall hold office at the pleasure of the commission. The…
- § 17531 The executive director may employ those officers, examiners, experts, statisticians, accountants, inspectors, clerks, and employees as the executive director…
- § 17532 A majority of the commissioners shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any…
- § 17533 Notwithstanding Section 11425.10, Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 does not apply to a hearing by the commission under this…
CHAPTER 4. Identification and Payment of Costs Mandated by the State §§ 17550–17617 · 65 sections
ARTICLE 1. Commission Procedure §§ 17550–17571 · 29 sections
- § 17550 Reimbursement of local agencies and school districts for costs mandated by the state shall be provided pursuant to this chapter.
- § 17551 (a) The commission, pursuant to the provisions of this chapter, shall hear and decide upon a claim by a local agency or school district that the local agency…
- § 17552 This chapter shall provide the sole and exclusive procedure by which a local agency or school district may claim reimbursement for costs mandated by the state…
- § 17553 (a) The commission shall adopt procedures for receiving claims filed pursuant to this article and Section 17574 and for providing a hearing on those claims.…
- § 17554 With the agreement of all parties to the claim, the commission may waive the application of any procedural requirement imposed by this chapter or pursuant to…
- § 17555 (a) Not later than 30 days after hearing and deciding upon a test claim pursuant to subdivision (a) of Section 17551, and determining the amount to be subvened…
- § 17556 The commission shall not find costs mandated by the state, as defined in Section 17514, in any claim submitted by a local agency or school district, if, after…
- § 17557 (a) If the commission determines there are costs mandated by the state pursuant to Section 17551, it shall determine the amount to be subvened to local…
- § 17557.1 (a) Notwithstanding any other provision of this part, within 30 days of the commission’s adoption of a statement of decision on a test claim, the test claimant…
- § 17557.2 (a) A reasonable reimbursement methodology developed pursuant to Section 17557.1 or a joint request for early termination of a reasonable reimbursement…
- § 17558 (a) The commission shall submit the adopted parameters and guidelines or a reasonable reimbursement methodology approved pursuant to Section 17557.2 to the…
- § 17558.5 (a) A reimbursement claim for actual costs filed by a local agency or school district pursuant to this chapter is subject to the initiation of an audit by the…
- § 17558.6 It is the intent of the Legislature that the Commission on State Mandates review its process by which local agencies may appeal the reduction of reimbursement…
- § 17558.7 (a) If the Controller reduces a claim approved by the commission, the claimant may file with the commission an incorrect reduction claim pursuant to…
- § 17558.8 (a) The commission may, on its own initiative, consolidate incorrect reduction claims filed with the commission by different claimants under the same mandate…
- § 17559 (a) The commission may order a reconsideration of all or part of a test claim or incorrect reduction claim on petition of any party. The power to order a…
- § 17560 Reimbursement for state-mandated costs may be claimed as follows: (a) A local agency or school district may, by February 15 following the fiscal year in which…
- § 17561 (a) The state shall reimburse each local agency and school district for all “costs mandated by the state,” as defined in Section 17514 and for legislatively…
- § 17561.5 The payment of an initial reimbursement claim by the Controller shall include accrued interest at the Pooled Money Investment Account rate, if the payment is…
- § 17561.6 A budget act item or appropriation pursuant to this part for reimbursement of claims shall include an amount necessary to reimburse any interest due pursuant…
- § 17562 (a) The Legislature hereby finds and declares that the increasing revenue constraints on state and local government and the increasing costs of financing…
- § 17563 Any funds received by a local agency or school district pursuant to the provisions of this chapter may be used for any public purpose.
- § 17564 (a) No claim shall be made pursuant to Sections 17551, 17561, or 17573, nor shall any payment be made on claims submitted pursuant to Sections 17551 or 17561,…
- § 17565 If a local agency or a school district, at its option, has been incurring costs which are subsequently mandated by the state, the state shall reimburse the…
- § 17567 In the event that the amount appropriated for reimbursement purposes pursuant to Section 17561 is not sufficient to pay all of the claims approved by the…
- § 17568 If a local agency or school district submits an otherwise valid reimbursement claim to the Controller after the deadline specified in Section 17560, the…
- § 17570 (a) For purposes of this section the following definitions shall apply: (1) “Mandates law” means published court decisions arising from state mandate…
- § 17570.1 As part of its review and consideration pursuant to Sections 17581 and 17581.5, the Legislature may, by statute, request that the Department of Finance…
- § 17571 The commission, upon request of a local agency or school district, shall review the claiming instructions issued by the Controller or any other authorized…
ARTICLE 1.5. Legislatively Determined Mandate Procedure §§ 17572–17574.5 · 4 sections
- § 17572 The Legislature finds and declares all of the following: (a) Early settlement of mandate claims will allow the commission to focus its efforts on rendering…
- § 17573 (a) Notwithstanding Section 17551, the Department of Finance and a local agency, school district, or statewide association may jointly request of the…
- § 17574 (a) A local agency or school district agrees to the following terms and conditions when it accepts reimbursement for a legislatively determined mandate…
- § 17574.5 The determination of a legislatively determined mandate pursuant to Section 17573 shall not be binding on the commission when making its determination pursuant…
ARTICLE 2. Specific Costs Mandated by the State §§ 17575–17581.97 · 14 sections
- § 17575 When a bill is introduced in the Legislature, and each time a bill is amended, on and after January 1, 1985, the Legislative Counsel shall determine whether…
- § 17576 Whenever the Legislative Counsel determines that a bill will mandate a new program or higher level of service pursuant to Section 6 of Article XIII B of the…
- § 17577 The estimate required by Section 17576 shall be the amount estimated to be required during the first fiscal year of a bill’s operation in order to reimburse…
- § 17578 In the event that a bill is amended on the floor of either house, whether by adoption of the report of a conference committee or otherwise, in such a manner as…
- § 17579 Any bill introduced or amended for which the Legislative Counsel has determined the bill will mandate a new program or higher level of service pursuant to…
- § 17581 (a) No local agency shall be required to implement or give effect to any statute or executive order, or portion thereof, during any fiscal year and for the…
- § 17581.5 (a) A school district or community college district shall not be required to implement or give effect to the statutes, or a portion of the statutes, identified…
- § 17581.6 (a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIIIB of the California Constitution for the…
- § 17581.7 (a) Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIII B of the California Constitution for the…
- § 17581.8 (a) (1) For the 2014–15 fiscal year, the sum of two hundred eighty-seven million one hundred forty-nine thousand dollars ($287,149,000) is hereby appropriated…
- § 17581.9 (a) (1) For the 2015–16 fiscal year, the sum of three billion ninety-eight million four hundred fifty-five thousand dollars ($3,098,455,000) is hereby…
- § 17581.95 (a) (1) For the 2016–17 fiscal year, the sum of nine hundred forty-five million five hundred eighty-nine thousand dollars ($945,589,000) is hereby appropriated…
- § 17581.96 (a) (1) For the 2017–18 fiscal year, the sum of eight hundred seventy-six million five hundred eighty-one thousand dollars ($876,581,000) is hereby…
- § 17581.97 (a) (1) For the 2018–19 fiscal year, the sum of six hundred ninety-seven million seven hundred fifty-nine thousand dollars ($697,759,000) is hereby…
ARTICLE 3. Reports to the Legislature §§ 17600–17604 · 4 sections
- § 17600 (a) At least twice each calendar year the commission shall report to the Legislature on the number of mandates it has found pursuant to Article 1 (commencing…
- § 17601 The commission shall report to the Legislature on January 15, 1986, and each January 15 thereafter, on the number of claims it denied during the preceding…
- § 17602 On or before January 15, 2007, and on or before each January 15 thereafter, the commission shall report to the Legislature the number of individual and…
- § 17604 (a) The Department of Finance, in collaboration with the Secretary of State and the Legislative Analyst’s Office, shall convene a working group to evaluate…
ARTICLE 4. Payment of Claims §§ 17612–17613 · 2 sections
- § 17612 (a) Upon receipt of the report submitted by the commission pursuant to Section 17600, except as provided in Section 13823.95 of the Penal Code, funding shall…
- § 17613 (a) The Director of Finance may authorize the augmentation of the amount available for expenditure to reimburse costs mandated by the state, as defined in…
ARTICLE 5. State Mandate Apportionments System §§ 17615–17617 · 12 sections
- § 17615 The Legislature finds and declares that the existing system for reimbursing local agencies and school districts for actual costs mandated by the state on an…
- § 17615.1 The commission shall establish a procedure for reviewing, upon request, mandated cost programs for which appropriations have been made by the Legislature for…
- § 17615.2 (a) Notwithstanding Section 17561, after November 30, 1985, for those programs included in the State Mandates Apportionment System, after approval by the…
- § 17615.3 Notwithstanding Section 17561, by November 30, 1986, and by November 30 of each year thereafter, for those programs included in the State Mandates…
- § 17615.4 (a) When a new mandate imposes costs that are funded either by legislation or in local government claims bills, local agencies and school districts may file…
- § 17615.5 (a) If any local agency or school district has an established base year entitlement which does not include costs for a particular mandate, that local agency or…
- § 17615.6 If a local agency or school district realizes a decrease in the amount of costs incurred because a mandate is discontinued, or made permissive, the Controller…
- § 17615.7 If a mandated program included in the State Mandates Apportionment System is modified or amended by the Legislature or by executive order, and the modification…
- § 17615.8 (a) The commission shall establish a procedure for reviewing, upon request, any apportionment or base year entitlement of a local agency or school district.…
- § 17615.9 The commission shall periodically review programs funded under the State Mandate Apportionments System to evaluate the effectiveness or continued statewide…
- § 17616 The Controller shall have the authority to do either or both of the following: (a) Audit the fiscal years comprising the base year entitlement no later than…
- § 17617 The total amount due to each city, county, city and county, and special district, for which the state has determined that reimbursement is required under…
CHAPTER 6. Operative Date § 17630 · 1 section
- § 17630 Except for Article 5, the provisions of this part shall be applicable to claims for state reimbursement of costs mandated by the state on and after January 1,…