2009 California Government Code - Section 9140-9147.5 :: Article 7. Joint Legislative Budget Committee

9140.  The Joint Legislative Budget Committee is hereby created. The
committee shall ascertain facts and make recommendations to the
Legislature and to the houses thereof concerning the State Budget,
the revenues and expenditures of the State, the organization and
functions of the State, its departments, subdivisions and agencies,
and such other matters as may be provided for in the Joint Rules of
the Senate and Assembly. The committee has a continuing existence and
may meet, act and conduct its business at any place within this
State, during the sessions of the Legislature or any recess thereof,
and in the interim period between sessions.

9141.  The committee shall consist of eight Members of the Senate
and eight Members of the Assembly who shall be selected in the manner
provided for in the Joint Rules of the Senate and Assembly. The
committee shall elect its own chairperson. Vacancies occurring in the
membership of the committee shall be filled in the manner provided
for in the Joint Rules of the Senate and Assembly. A vacancy shall be
deemed to exist as to any member of the committee whose term is
expiring whenever the member is not reelected at the general
election.

9142.  The committee is authorized to make rules governing its own
proceedings and to create subcommittees from its membership and
assign to such subcommittees any study, inquiry, investigation, or
hearing which the committee itself has authority to undertake or
hold. The provisions of Rule 36 of the Joint Rules of the Senate and
Assembly relating to investigating committees shall apply to the
committee and it shall have such powers, duties and responsibilities
as the Joint Rules of the Senate and Assembly shall from time to time
prescribe, and all the powers conferred upon committees by Section
11, Article IV, of the Constitution.

9143.  The committee shall have authority to appoint a legislative
analyst and such other clerical and technical employees as may appear
necessary, pursuant to the provisions of subsection (4) of
subdivision (a) of Section 4, Article XXIV of the Constitution. The
funds for the support of the committee shall be provided from the
Contingent Funds of the Senate and the Assembly in the same manner
that such funds are made available to other joint committees of the
Legislature.
   Whenever the term "Legislative Auditor" appears in any provision
of law of this State, it shall be deemed to mean the Legislative
Analyst provided for by this section.

9144.  The Legislative Analyst shall prepare a judicial impact
analysis, with the assistance of the Department of Finance and the
Judicial Council when and as requested by the Legislative Analyst, on
selected measures referred to the Senate Judiciary Committee, Senate
Criminal Procedure Committee, Assembly Judiciary Committee, and
Assembly Committee on Public Safety.
   The Legislative Analyst shall select for analysis, as his or her
staff resources permit with no additional staff, those measures with
the greatest apparent potential impact on court manpower and costs.
Other measures may be analyzed as staff resources permit. The
analysis of a measure shall be given to the respective committee
members prior to the date on which the measure is to be heard by the
committee.
   The analyses required by this section shall be performed on a
nine-month trial basis. Thereafter, the cost and effectiveness of
this type of analysis for the specified policy committees shall be
evaluated by the three respective committees.

9146.  Any state agency which is required or permitted by federal
law or regulation to establish or alter a federal aid allocation
formula to a local agency shall notify the Joint Legislative Budget
Committee not less than 60 days prior to the effective date of the
establishment or change in the federal aid allocation formula. The
chairman of the Joint Legislative Budget Committee may grant a waiver
of the 60-day notification period after receipt of the notification.
   The chairman shall inform members of the Joint Legislative Budget
Committee of his intention to waive the 60-day notification period
after such notification. If no objection is received within 10 days,
he shall proceed to grant the waiver of the 60-day notification
period.
   The notification shall contain the federal law or regulation
necessitating or authorizing the establishment or change, a
description of the proposed allocation formula to be established or
changed, as the case may be, and an estimate of the resulting
increase or decrease in federal aid allocated to the affected local
agency.
   When requested by the chairman or by any member of the committee,
or when the Legislature is in session, when requested by the chairman
of the committee, the Joint Legislative Budget Committee shall
schedule a hearing on the proposed allocation formula to be
established or changed, as the case may be.
   "Local agency" as used in this section, means any city, county,
city and county, special district, school district, community college
district, and county office of education.
   The establishment or changes in federal aid allocation formulas
affecting less than one hundred thousand dollars ($100,000) in
federal aid in any fiscal year shall be exempt from the provisions of
this section.
   The provisions of this section shall not apply to any reallocation
of funds by a state agency from or to a local agency if the state
agency finds that either of the following conditions, or both, exist:
   (a) The local agency cannot spend its entire allocation within the
period established by the federal government.
   (b) The failure to spend the funds could lead to their recapture
by the federal government or to a reduced allocation of federal funds
in subsequent years.

9147.  If a state agency finds that there is imminent danger of
irreparable harm to the public peace, health, safety, or welfare of
the state if it does not establish or alter a federal aid allocation
formula without undue delay and complying with the provisions of
Section 9146, it shall request a waiver of the requirements of
Section 9146 through notification to the Joint Legislative Budget
Committee. The notification shall include a written statement
containing the following information:
   (a) The specific facts constituting the need for the emergency
establishment or change in the federal aid allocation formula.
   (b) Reference to the authority of the state agency to establish or
change the federal aid allocation formula.
   (c) A description of the proposed allocation formula to be
established or changed.
   (d) An estimate of the resulting increase or decrease in federal
aid allocated to the affected local agency.
   (e) The name and telephone number of the state agency officer to
whom inquiries concerning the emergency establishment or change in a
federal aid allocation formula may be made.
   The Joint Legislative Budget Committee shall respond concerning
its actions on the waiver request within 10 days of receipt of the
notification. A failure to respond to the notice requesting a waiver
within the period prescribed shall be deemed a granting of the
request.

9147.5.  (a) Notwithstanding Section 7550.5, the Director of
Homeland Security, in collaboration with the State Department of
Health Services, shall, on or before February 1 of each year, report
to the chairperson of the Joint Legislative Budget Committee, the
chairperson of the transportation committee of each house of the
Legislature, and the chairperson of the budget committee of each
house of the Legislature, on their respective expenditures of federal
homeland security and bioterrorism funds.
   (b) The report shall include all of the following information:
   (1) Descriptions of grant expenditures and coordination activities
at the state and local level that have occurred over the past fiscal
year.
   (2) How those activities met the state's strategic goals and
objectives.
   (3) Funding amounts awarded to state and local agencies.
   (4) Funding levels by grant and grant year, designating which
funds have been expended or encumbered, or remain unencumbered.
   (5) Any challenges encountered by state or local agencies that
hindered their expenditure of the funds.
   (6) Areas of focus for the upcoming fiscal year.
   (c) The report shall also include information on the policies,
projects, and funding necessary to protect the state's harbor
facilities, port facilities, and the commercial marine transportation
sector from terrorist attack.
   (1) The director shall consult with representatives of federal,
state, and local governments, harbor facilities, port facilities, the
marine trade industry, the commercial marine transportation
industry, marine transportation labor organizations, businesses
located near harbors or ports, and residents residing near harbors or
ports.
   (2) For purposes of this subdivision the report shall do all of
the following:
   (A) Identify existing sources and amounts of funding.
   (B) Identify the unmet funding need.
   (C) Provide specific and verifiable information regarding the
percentage of marine cargo containers that receive one or more of the
following:
   (i) Technical screening.
   (ii) Hand inspection.
   (iii) Transport tracking by technical or other means.
   (d) Nothing in this section shall be construed to require the
Director of Homeland Security or the State Department of Health
Services to disclose or include classified information.