Bill Text: CA AB1713 | 2023-2024 | Regular Session | Amended
Bill Title: Local agencies: federal funds: reports.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB1713 Detail]
Download: California-2023-AB1713-Amended.html
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Amended
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Senate
July 11, 2023 |
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Amended
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Senate
June 19, 2023 |
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Amended
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Assembly
May 18, 2023 |
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Amended
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Assembly
April 25, 2023 |
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Amended
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Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1713
| Introduced by Assembly Member Gipson |
February 17, 2023 |
An act to add Section 8319 to the Government Code, relating to state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1713, as amended, Gipson.
Local agencies: federal funds: reports.
(1) Existing law generally imposes various reporting duties on entities that receive state and federal funds, including, among others, requiring each state agency, department, and entity to provide its employer identification number to the Treasurer.
This bill would require a local agency that receives federal funds that are subject to an expiration date date, and recurrently and persistently fails to spend a substantial amount of those funds by the expiration date, as provided, to submit a written report to the local agency’s legislative body no later than one year before
after the funding expiration date with a summary of how funds have been expended and a plan for the remaining funds to be expended if, at that time, at least 50% of federal funds have yet to be expended. an enumeration of the amount of funds returned, a summary of the reasons the funds were returned, and an analysis of policy or operational changes required to ensure that relevant federal funds are spent timely in the future. The bill would require the local agency’s legislative body to include the report on the agenda of a public meeting. By imposing additional duties on local agencies, the bill would impose a state-mandated local program.
The bill would apply these provisions to specified types of grants, and only where the local agency returns at least $10,000,000 from a single federal allocation.
(2) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8319 is added to the Government Code, immediately following Section 8318, to read:8319.
(a)(b) (1) A summary of how funds have been expended. An enumeration of the amount of funds returned.
(2)A plan for the remaining funds to be expended.
(2) A summary of the reasons the funds were returned.
(3) An analysis of policy or operational changes that would be required to ensure that the relevant federal funds are spent timely in the future.
(c) For purposes of this section, the following definitions shall apply:
(1) “Local agency” means a city, county, or special district.
(2) “Recurrently and
persistently” means with respect to at least two of three consecutive allocations to the agency from the same federal grant program.
(3) “Substantial” means at least 25 percent of a federal allocation of a local agency.
(d) (1) The requirements of this section shall only apply to nonformula-funded, competitive, and discretionary federal grant programs.
(2) The requirements of this section shall not apply to federal mandatory, formula, or block grant programs.
(3) The requirements of this section shall only apply when a local agency returns at least ten million dollars ($10,000,000) to the federal government from a single federal allocation.
SEC. 2.
The Legislature finds and declares that ensuring transparency and adequate oversight of state and federal funding is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 8319 to the Government Code applies to all cities, including charter cities.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
