Senate Budget and Fiscal Review Subcommittee No. 4 on State Administration and General Government
- Christopher Cabaldon
Legislator
All right. Subcommitee 4 of the Senate Budget and Fiscal Review Committee will come to order. We are holding our Committee hearing today at the State Capitol in room 113 and asking all Members of the Subcommittee to please join us in room 113, at which point we will establish our quorum.
- Christopher Cabaldon
Legislator
We will be providing opportunities for public comment today. Certainly following the full set of the discussion item list, I may invite public comment during individual items as well, solely because we're here considering the May Revise and we have a lot of issues that we've never heard for the first time today.
- Christopher Cabaldon
Legislator
This is our main overview hearing on the May Revision, but is overview for the purpose of ultimately taking specific actions on the wide range of issues that are before us. We are noticed in the file as well for further Subcommitee hearings. We will meet again between now and the report of the Subcommitee to the full Committee.
- Christopher Cabaldon
Legislator
But today our focus is entirely on the May Revision. We'll just note that we have many, many, many other open issues from the items in the original January budget that we haven't taken up, as well as the key legislative priorities that we have also signaled throughout this process as well.
- Christopher Cabaldon
Legislator
And that's why the items that were part of the Governor's Budget in January are not on our agenda. So if they weren't part of the May Revision, then they're not going to be considered today. That does not mean we have forgotten them or that we won't be returning to them.
- Christopher Cabaldon
Legislator
That will be happening at a subsequent hearing in the next coming weeks. So our order of business today, we'll be taking up the items for discussion on our agenda. We're going to take item six out of order. Then we'll take public comment about each item after it has been presented and discussed.
- Christopher Cabaldon
Legislator
And then we'll take additional public comment at the very end of the hearing as well. All right, so let's then proceed to item six, which is the resources for the proposed reorganization of the Business, Consumer Services and Housing Agency. I'd like to invite Secretary Moss, any other supportive witnesses to the table. Welcome. You got the presentation up first?
- Tomiquia Moss
Person
Thank you. Well, good morning, Chair and Senators. My name is Tomiquia Moss and I serve as the Secretary of our Business, Consumer Services and Housing Agency. I think we've all been waiting for this day, our time to finally discuss this idea as an entire proposal. We are here requesting support around the 2025 governor's reorganization plan.
- Tomiquia Moss
Person
I'm really excited about what this plan represents. To me, it really feels like a culmination of years of advocacy, hard work and dedication to a state government that continually reflects, evolves and strives to deliver the service and outcomes that Californians need and deserve from us. I'm really proud of what this agency has accomplished.
- Tomiquia Moss
Person
Many of my departments are in the audience today and we are navigating overwhelming amount of policy areas with increasing responsibilities and impact. But I think it's time for us to recognize that we have outgrown our current structure.
- Tomiquia Moss
Person
This proposal makes key structural changes to increase our ability to provide positive impact for Californians across our entire portfolio. Our Business Consumer Services Agency will provide effective and efficient consumer protections and business and professional regulation.
- Tomiquia Moss
Person
BCSA will also provide a more direct support to our departments, allowing a more quickly-- allowing them to be more adaptive to industry changes, strengthen oversight and better protect Californians.
- Tomiquia Moss
Person
On the other side of our portfolio, the California Housing and Homelessness Agency will provide clear direction and guidance to address the entire housing continuum from people experiencing homelessness to those renting affordable homes to our first time home buyers.
- Tomiquia Moss
Person
Combined with the proposed Housing Development and Finance Committee, this proposal builds on a structure that will accelerate our progress toward California's housing goals. The Housing Development and Finance Committee will give California the tools it needs to increase the value of state investments in affordable housing, stretching every dollar a little further to create more affordable homes.
- Tomiquia Moss
Person
Now more than ever, California deserves the best version of their government and this proposal helps to do just that. Be it a consumer protection or the housing continuum, creating more policy aligned agencies means that each secretary will be able to devote their time to a narrower policy focus, lead more specialized staff and policy expertise.
- Tomiquia Moss
Person
Strategic planning and analysis can then be dedicated to a single policy area, allowing for deeper coordination and implementation. This reorganization is our opportunity to align state government in a way that meets the urgency of today's challenges and sustains our progress for the long term. I'm happy to answer any questions that you might have.
- Tomiquia Moss
Person
All right, thank you Secretary Moss. Department of Finance, any-- Any comments, Department of Finance?
- Meagan Tokunaga Block
Person
Yes, Meagan Tokunaga Block, Department of Finance. I did want to comment on the need for resources in the budget year.
- Meagan Tokunaga Block
Person
While one option could be deferring decisions about the reorganization until the following year, resources are required in the budget year to effectuate the reorganization and stand up the two new agencies by July 1st of 2026 as proposed in the reorganization plan.
- Meagan Tokunaga Block
Person
A number of budget year tasks are included in the BCP which include establishing delegation for hiring procurement contracts, et cetera, organizational change management to support the transition of programs and roles across impacted departments and personnel and finally, work by the Housing Development and Finance Committee to stand up a single application process in this one-stop shop that would allow the new funding that is appropriated in the future to be allocated under this new methodology.
- Meagan Tokunaga Block
Person
Withholding resources beyond the beginning of the fiscal year could delay implementation and hinder the success of the reorganization.
- Christopher Cabaldon
Legislator
Before we turn to LAO, I neglected to invite the Director of ACT to make his opening remarks as well. Welcome.
- Gustavo Velasquez
Person
Thank you, Chairman. Good morning everyone. My name is Gustavo Velasquez. I am the Director of the California Department of Housing and Community Development.
- Gustavo Velasquez
Person
Under my leadership at HCD for the past five years, this department has provided funding for nearly 60,000 new affordable homes, help local governments plan and accommodate 2.5 million new homes, and enforce California's robust housing laws to create more housing opportunities.
- Gustavo Velasquez
Person
I am immensely proud of the work that HCD has accomplished and believe that creating the California Housing and Homelessness Agency will provide the right structure to our momentum and our progress towards housing and homelessness.
- Gustavo Velasquez
Person
Creating this agency will provide dedicated leadership and focused on housing and homelessness at the cabinet level, which will reinforce the administration's work across the entire housing continuum from homelessness to homeownership.
- Gustavo Velasquez
Person
Collectively, these changes strengthen HCD's ability to dig nimble, focus its work on delivering improved outcomes for Californians, including data collection that helps decision making, the administration of federal programs, the oversight of housing policy and accountability towards meeting housing and homelessness state law mandates and allows the state to give housing and homelessness the ongoing attention that these critical issue areas deserved. Thank you very much and I look forward to the discussion.
- Paul Steenhausen
Person
Good morning. Paul Steenhausen with the Legislative Analyst's Office. We agree with the staff comment in the agenda that approving this proposed May Revision funding for the June budget before the Legislature decides its position on the plan is a little bit putting the cart before the horse.
- Paul Steenhausen
Person
Statute lays out a timeline and a process for the Legislature to consider the Little Hoover Commission's recommendations on the Governor's proposed reorganizations. And the administration wasn't able to get that plan to the Little Hoover Commission until last month.
- Paul Steenhausen
Person
So under this timeline, Little Hoover Commission has until June 4 to provide its report and its recommendations to the Legislature. The Legislature then has until July to make a decision on it, to review it and make a decision so the Legislature could approve it, amend it, reject it.
- Paul Steenhausen
Person
And as you just heard, there's a proposal before you may revision to provide funding, a fair amount of funding, especially in a time of budget deficit to start the process.
- Paul Steenhausen
Person
So given the legislative review is still in process Given the General budget condition and the proposed cost of this reorganization and the millions of dollars annually, we recommend the Legislature reject the proposal without prejudice.
- Paul Steenhausen
Person
Now, the Legislature could instead make a funding decision as part of next year's budget process, or if the Legislature chooses to make that decision later in the summer, maybe a budget Bill junior or something like that. But you have those options, you have it.
- Paul Steenhausen
Person
And we recommend you just wait for the process to come to a conclusion and then have the funding follow that agreed upon structure and vision by the Legislature. Thank you.
- Christopher Cabaldon
Legislator
Thank you, Mr. Steenhausen. Let's open it up then to Members of the Subcommitee. Senator, how about you? Senator Niello.
- Roger Niello
Legislator
Senator Cabaldon and I are both on the Little Hoover Commission. And so we discussed this last week or the week before. Whenever I'm losing track of time. I do not support the reorganization. Senator Cabalda does. Pretty much all of the rest of the commissioners supported the reorganization. So I was.
- Roger Niello
Legislator
We didn't actually cast a vote, which is disappointing because being the only no vote is a character building experience and I missed that experience. But. I think the LAO's recommendation makes good sense to approve funding for something that we're not doing yet. Doesn't make any sense. I think you said it kind of is putting the.
- Roger Niello
Legislator
It isn't kind of putting the cart before the horse. It most definitely is and we'll see what the rest of the Legislature has to say.
- Roger Niello
Legislator
But as for the reorganization, as I said when we the Commission meant the contributing factors to the challenges we have in some, so far as this is concerned, is organizational policy direction and execution. And by and large my observation has been the challenges have been largely based upon policy and execution issues.
- Roger Niello
Legislator
And I unconvinced that changing the organization is going to change that fundamental dynamic. But that's a decision for a later day, as I said, to apply approve funding for an activity that we haven't approved yet just doesn't make any sense at all.
- Christopher Cabaldon
Legislator
So just one correction. I did not say at the Commission meeting that I support the reorganization plan. I said I didn't object to it in concept. But Senator Elo was right. The rest of the Commission, I think was between okay and enthusiastic, but the two legislators were not.
- Christopher Cabaldon
Legislator
And so I wanted to drill into some of these questions because I think the Commission did not really dive into much of the detail here as it respects with respect to the budget. So I'm very interested in Lao's recommendation on this, but I want to still take the moment to probe some of the fiscal questions here.
- Christopher Cabaldon
Legislator
So the with respect to the dollars needed in order to stand up the new agency and set up the integrated or the one stop process for affordable housing applications because the budget contains no new money for any affordable housing programs or for the homeless housing assistance and protection program and nearly all of the existing funds have been used up.
- Christopher Cabaldon
Legislator
Aren't there or won't there be Quite a few AGPAs and staff services managers and a variety of other people in the agencies that are involved in reviewing, allocating and overseeing state funds for housing and homelessness that could be redeployed for the purposes of achieve of standing up the newer, the new entity and the new Committee.
- Tomiquia Moss
Person
Well, Senator, maybe I'll take a first pass at that. And I also have my deputy secretary Amy Monessaro from our Administration work that can talk a little bit more specifically about the budget. You know, we have been very conscious about fiscal prudence in establishing this reorganization.
- Tomiquia Moss
Person
We've been really thoughtful about the current constraints of our budget while also making sure that we maximizing our staff capacity in order to set up and facilitate the structural changes of the reorganization.
- Tomiquia Moss
Person
We are going to be using quite a lot of existing staff to set up the reorganization from HCD specifically, particularly staffing the new Housing Finance Development Committee and the Executive Committee, which will really be the place where we will be able to align and consolidate and coordinate all of our housing programs across the agency.
- Tomiquia Moss
Person
I wouldn't say that all of our funds are currently expended. We have billions of dollars that are currently not yet expended. And so the urgency to us around improving the structure of our programs and systems is to ensure that every dollar dollar that is being expended is done the best way we know how.
- Tomiquia Moss
Person
And so to us, we have our Homekey plus program. We have $750 million in our ASIC program. All of those resources are currently in local communities.
- Tomiquia Moss
Person
And we want to be able to support our local partners in making sure that our programs and services are delivered to the best of their ability, that we can deliver our housing more efficiently and quicker for all of the folks who need it. And so I don't, you know, we've scrubbed the numbers.
- Tomiquia Moss
Person
I don't see a lot of extra staff. We've been very prudent in terms of relying on as we separate the agency between consumer protections. We've been really thoughtful about that construction and making sure that the cost of that agency is actually a decrease pro rata cost to our departments within that agency.
- Tomiquia Moss
Person
And then in terms of our housing and homelessness agency, really thinking about how do we make sure that we maximize existing positions and really be discriminate around the new positions? So maybe I'd turn it over to Amy to speak specifically about the new and existing positions that we're bringing on.
- Amy Manasero
Person
Yeah. Thank you, Secretary. I would just add that in this first year, we've been really, really conservative with the number of staff we're going to add to our agency. Specifically in terms of AGPAs. We're not asking for any new resources until about halfway through the year.
- Amy Manasero
Person
We're working with our departments to establish work groups to operationalize a lot of the heavy lifting of work. It's a lot of work to stand up two new agencies. Well, one new agency and then rebranding the BCSH to Business and Consumer Services. We have to establish a lot of new delegations. We have to establish tax ID numbers.
- Amy Manasero
Person
It takes time. And so we are working with our departments to really help us shoulder that heavy lifting. We are asking for the AGPA about halfway through the year.
- Amy Manasero
Person
The thought being that once CHHA is standing, we will need an analyst who can help us process all of the technical documents, do a lot of the analytical work that goes behind purchasing, contracting, hiring, all of that. We're also asking for my counterpart for the Housing and Homelessness Agency. Again, it's an incredible workload.
- Amy Manasero
Person
We're hoping that that leadership on the housing side can kind of take half the work. So that really is the limit of the first year of administrative AGPAS and new staffing.
- Amy Manasero
Person
When we come to the budget year 2017 or budget year plus one, we are looking to add leadership to CHHA, Secretary, Under Secretary, as well as some General counsels. So we've really scaled back and looked at what's the minimum number of positions we need to run a housing and homelessness agency.
- Amy Manasero
Person
And of course we do are asking for a small handful of staff for hdfc. I believe it's five total. The thought being that HCD will help us support the Executive Committee and all of that work with existing resources. So you do see a small or. It's not small. You see, let me look at the exact dollar amount.
- Amy Manasero
Person
It's less than half of the entire operating budget for hdfc. But that is what we are are requesting through this proposal. The rest will kind of be transitioned from HCD to hdfc. So thank you for your question, but.
- Christopher Cabaldon
Legislator
What about the existing staff? So if the Administration were coming here and saying, we would like to add $1.0 billion for homeless assistance and preservation and we would like to add a half $1.0 billion for low Income tax credits and a half 1.0 billion 1.0 billion for multifamily housing program.
- Christopher Cabaldon
Legislator
You would also be coming with a request for more money to implement those if we hadn't been doing this every year for the last several years.
- Christopher Cabaldon
Legislator
So if these programs were just brand new and we were adding $2 billion in housing and homelessness programs, of course the agency and ACD would be asking us for additional staff to implement all that work. Here we are and now we're not going to to do any of those things.
- Christopher Cabaldon
Legislator
And you're saying it's going to cost us more to not do them just as it cost us more at the beginning to do them. And you're proposing to withdraw 30 plus $1.0 million of money that's already been appropriated for housing programs.
- Christopher Cabaldon
Legislator
It's just so fantastical that we would that doing this efficiency measure would cost us more and cost us more in the out years. The startup costs are 4 million and then 6. 6 million ongoing. We're permanently going to be spending more money in order to achieve a more efficient system.
- Christopher Cabaldon
Legislator
Except more efficient where we're not actually granting any money to affordable housing projects or to homeless efforts in the communities. Finance. Maybe you can weigh in on this question.
- Christopher Cabaldon
Legislator
I wasn't quibbling about a single agpa, but simply this notion that whether we're coming or going, you're asking us to spend millions of dollars and ignore the fact that we are not.
- Christopher Cabaldon
Legislator
And the Governor, despite the last five months of every, you know, this Committee and every other arm of the Legislature saying hey, we have to affordable housing is a key priority for California. So as homelessness we need investment in the May revised didn't propose anything.
- Christopher Cabaldon
Legislator
In fact it proposed less money than it proposed in January with the, with the withdrawal of the appropriated funds.
- Meagan Tokunaga Block
Person
Thank you Senator for the question. While there's no funding proposed in the May revision for 202526 there is still a large pipeline of funds that are available that need to be allocated. There's currently $3.4 billion in active notices of funding availability and these take time to deploy.
- Meagan Tokunaga Block
Person
We don't want to flood the market with resources right away. Otherwise there will be over subscription among the federal resources that we have to leverage. The investment that we're proposing to make for the reorganization does cost some money at first, but we're hoping that it can help facilitate more efficient use of all future housing resources going forward.
- Christopher Cabaldon
Legislator
But the requested appropriation is 6 million is 50% more in the out years forever for the new agency and for the new Committee.
- Meagan Tokunaga Block
Person
The ongoing cost reflects that the initial upfront cost was meant to be as minimal as possible given that we're just trying to stand up the agencies in the budget year. And so I wouldn't draw a trend line between the budget year and the budget year plus one.
- Meagan Tokunaga Block
Person
This 50% increase has to do with the startup costs for a new facility for change management contracts. So those will not be ongoing and are not reflected in the ongoing cost.
- Christopher Cabaldon
Legislator
Okay, next question, which is. So the Housing Development and Finance Corporation, and I should say in the January version or the early version, the Administration proposed, you know, yet another entity which was a new Department at that time, or maybe it was in the draft proposal. A new Department plus the Committee plus the new agency.
- Christopher Cabaldon
Legislator
And the proposal that was ultimately submitted to Little Hoover into the Legislature did not include the New Department, which I personally appreciated that. I thought that was a step in the right direction. But can you delve into?
- Christopher Cabaldon
Legislator
Because the main feature, like the one thing that skeptics and supporters of the proposal do, I think all agree on, is that creating a streamlined, one stop, fully integrated application and award process for housing for the affordable housing programs is an essential objective for us to achieve.
- Christopher Cabaldon
Legislator
But it's been set up as that's both the consequence of the agency and of the Housing Development and Finance Committee. Can you walk through a bit of how why are both needed in order to achieve that objective?
- Gustavo Velasquez
Person
Senator, if I may, I can answer that question. I think you're referring to the Housing Finance and Development Committee. This is the home. This is the new infrastructure that is being stood up to integrate, to harmonize, integrate as far as consolidate the wide host of financing programs that are under the governor's authority.
- Gustavo Velasquez
Person
We have over a dozen of programs just in acd, plus the California Housing Finance Agency, plus many other departments, some of them within the authority of bcsh, some of them outside of the authority of bcsh. You maybe have heard this before.
- Gustavo Velasquez
Person
If you haven't, I will tell you California is number one for the fragmentation of the affordable housing finance delivery system. If you go and look at other states, they have been able to fix this problem. How California has gotten so fragmented is just a wide variety of reasons.
- Gustavo Velasquez
Person
But the fact of the matter is that this reorganization proposal is about bringing under this Committee, an Executive Committee under an open process, ensuring that stakeholders are at the table. Just a way to really harmonize or further integrate the system that is so fragmented. So you're right that the original proposal had a Department of Housing Finance.
- Gustavo Velasquez
Person
I think we are sort of mirroring a system that is very similar to the way that tax exempt bonds and tax credits are allocated on the side of the governor's authority. And it is essential that this infrastructure is created in order to really fully integrate this system that is so fragmented.
- Gustavo Velasquez
Person
And we are still, as my colleague from the Department of Finance mentioned, $3.4 billion just HAPP, a very desirable program for local jurisdictions to tackle homelessness, has hundreds of millions of dollars on spent going back to round one.
- Gustavo Velasquez
Person
We are in round six of hap, so there's a lot of money out there so we can use the next couple years to continue to Fund these programs at the same time that we are building this infrastructure that is essential to fix a very broken and fragmented delivery system for affordable housing finance.
- Christopher Cabaldon
Legislator
Okay, well, we can park that part of it. I continue to be skeptical that spending millions of dollars to harmonize programs that we are not going to be investing any new money in is a questionable approach. But returning to the speech, can you give me a sense?
- Christopher Cabaldon
Legislator
I know I asked this a few months ago and I've asked this is not HCD or whatever the agency. It's in specific. But when folks have come with proposals for coordinating, focusing, harmony bodies, I ask pretty much the same question every time.
- Christopher Cabaldon
Legislator
Can you describe what an agenda, what the action items on an agenda for this Committee might look like in two years? Like if I show up at a meeting and I'm ready to testify, what actions will this Committee be, will be undertaking that will achieve the harmonization that you're describing?
- Gustavo Velasquez
Person
Well, we know what the catalog of programs that we have to address in form of further harmonizing, integrating, bringing this one stop shop idea that I think everybody wishes you even yourself mentioned. This is the number one thing that we all agree with. We know that catalog of programs.
- Gustavo Velasquez
Person
What we need to do under this Executive Committee and this Housing Finance and Development Committee is to bring stakeholders to the table and have a conversation about multiple requirements.
- Gustavo Velasquez
Person
How do we make sure that all of these requirements can be merged, can be combined in a way that we can truly fulfill the aspiration of a one stop shop for when developers in a few years come in, grab that state subsidy all at once.
- Gustavo Velasquez
Person
And it's just a lot of work that this Committee will have to do to analyze how do we combine these requirements in a way that we begin building a system that is a truly one stop shop? It takes a long time.
- Gustavo Velasquez
Person
We experienced that when we implemented AB434 at HCD where we had six programs that were integrated into only one competition. It took us almost three years. We're actually in the third year and we still are continuing to advance guidelines in a way that it makes sense for developers to align the criteria of six different programs into one.
- Gustavo Velasquez
Person
These are the agenda items that we will have in this Committee meeting after meeting, after meeting with an open process that involves a wide range of local jurisdictions and developers to make sure that the process makes sense.
- Christopher Cabaldon
Legislator
Director, those are objectives. But I'm telling you, if I show up and agenda item six is what is it? A set of recommendations to be made to the Legislature and the Governor about changing the programs? Is it an actual allocation round that's being curated by.
- Christopher Cabaldon
Legislator
Because what you've described is really, that's a one time task force like let's bring it together.
- Christopher Cabaldon
Legislator
Let's put all these pieces together, redesign the process and then the agents go do their thing and they can, you know, the directors can come together at the, at the, whatever it is, the monthly meeting that the secretary of Housing and Homelessness agency convenes of her Department directors and she can invite folks from the other agencies that deal with housing and homelessness too and can say that okay, here's how we're coordinating, right?
- Christopher Cabaldon
Legislator
This is what we're doing. But why. So I'm trying to understand what the. Like, am I voting on a bond at the Committee meeting? Am I opening up a new round? Like what is my.
- Christopher Cabaldon
Legislator
Without, without, without saying focus, coordination, leadership, without any abstract concepts, what is the action that I might be taking at one of these Committee meetings that cannot be done in an Executive staff meeting at hha.
- Gustavo Velasquez
Person
I was describing the process to get to an agenda item that is ongoing, permanent, maybe year after year, maybe even more often, which is accepting applications for an integrated system of affordable housing finance. And the Committee being able to accept those applications, vote on the criteria and basically allocate the funding adequately.
- Gustavo Velasquez
Person
But in a way that is truly a one stop right now. You maybe have heard the studies. Right now it takes just on the state site two or three funding sources for a developer to make sure that one affordable housing project goes to construction.
- Gustavo Velasquez
Person
This just by bringing this closes the time and saves hundreds of millions of dollars to the affordable housing industry. So the agenda item will be yes, to accept applications and to vote on the criteria. And what are the meritorious applications that will obtain this funding all at once?
- Lola Smallwood-Cuevas
Legislator
Thank you Mr. Chair for your passion and concern concerns and it's very good to be with you. Always good to see you, Secretary Moss.
- Lola Smallwood-Cuevas
Legislator
But I have to say this is has been a troubling agenda item that has continued to Come up for the chair and myself as we really ask the question about justice delayed or justice denied. I understand the ship streamlining process, I understand this coordination.
- Lola Smallwood-Cuevas
Legislator
What I am concerned about is the timeline of that because we can get into a paralysis analysis situation where we don't actually move the system in time to ensure that we don't lose ground on what the voters of California have led the country in in terms of saying that addressing homelessness is our number one priority and we're going to put our money where our mouth is.
- Lola Smallwood-Cuevas
Legislator
And I want to make sure I'm hearing you the earlier comment that you made.
- Lola Smallwood-Cuevas
Legislator
Are you saying that by not investing in homelessness this year services in a deep way by the Administration, are you saying that not investing in affordable housing this year by the same Administration does not delay our opportunity to meet the goals that we have laid out and instead we should solely invest in this exercise of collaboration and desiloing, which I think is absolutely right.
- Lola Smallwood-Cuevas
Legislator
But I also know that in this place can be a four or five year Proposition and without failing, to me that creates a recipe for disaster. If we aren't clear about the timeline of this, what are the action steps?
- Lola Smallwood-Cuevas
Legislator
And I hope that it is less than two years, that there is some real movement out of this new structure that on the face of it, makes a whole lot of sense. On the face of it, without an investment doesn't necessarily make sense.
- Lola Smallwood-Cuevas
Legislator
And then to think this delay and what a delay could mean in addition to lack of investment is also a concern.
- Lola Smallwood-Cuevas
Legislator
So help me understand how this isn't a situation where this is a delay that is going to turn into a denial of justice for folks who want to see a change in the number of people who are sleeping on the streets. And in my county we have the largest number of folks who sleep on the streets.
- Lola Smallwood-Cuevas
Legislator
The folks who die on the streets every night look a lot like me in my community. We are the voters in LA County have voted to supplement to address this issue. We see we don't know what the federal action will be and now we see the state walking away, the Administration walking away from this investment.
- Lola Smallwood-Cuevas
Legislator
So it's very, very difficult to hear what sounds conceptually as the right thing to do. And I know the Secretary Moss knows this business inside and out and I trust her direction on this. But what concerns me is the timeline piece and what it means when we also don't make the investment at the same time.
- Lola Smallwood-Cuevas
Legislator
So just help me understand, understand our strategy for making this work. Because what we don't want to do what we don't want to do is lose ground as we are finally seeing the pit counts in my county come down. We do not want to lose ground in this moment.
- Gustavo Velasquez
Person
Thank you, Senator. I'll start and then Secretary will elaborate. I wasn't saying. I think I was referring to the $3.4 billion as money that is still being administered currently, that it's still out there. Of course, we're not saying that those are all the investments we need. We are working very hard to.
- Gustavo Velasquez
Person
There is progress being made in California. While the country has seen recently an increasing homelessness by 13%, California has seen, yes, it's still an increase, but much more modest, approximately 3 to 4%. So we are working very hard to deploy these resources effectively.
- Gustavo Velasquez
Person
We are doing it also under incredible amount of diligence towards working with jurisdictions and if necessary, holding them accountable. You know, we have established a Housing and Homelessness accountability unit that works with every jurisdiction in the State of California on technical assistance and if needed, holding them accountable, working in partnership with the Attorney General.
- Gustavo Velasquez
Person
You know, it's not an either or approach, it's both. We need to deploy those resources effectively. We need to make sure that we see the outcomes that we all desire to reduce homelessness and increase the production of affordable housing.
- Gustavo Velasquez
Person
All I was trying to say is in the next couple years, the standing up of this agency and the standing up of this Committee to fix the affordable housing finance delivery system is essential so that in the future, when we have a more robust picture in the revenues and the budget that will increase the availability of homelessness and affordable housing funding, that system works better and it makes things faster, easier and less costly for those that are in the business of creating more housing that will in fact reduce homelessness.
- Lola Smallwood-Cuevas
Legislator
At the same time, you mentioned looking at other states, what's the timeline, when will this be in place so that we.
- Tomiquia Moss
Person
We see these accelerated outcomes that we are hopeful that we will see as a result of this process. So, Senator, thank you for the question. I think that's part of why we are so passionate about moving this forward as quickly as possible. The reorganization is approved by the Legislature. We would begin implementation immediately.
- Tomiquia Moss
Person
This Committee needs to be set up quickly so that we can effectuate the changes that we are are talking about. That work would start right now. We want to be able to have that Executive Committee ready. We want to understand the scope of what the Committee is going to do.
- Tomiquia Moss
Person
I think to Senator Cabaldon's point around what are the outcomes of that Committee, all of that work will be Set up starting now. And so to us, you spoke about your constituents and the urgency that this is required.
- Tomiquia Moss
Person
We can't wait, in my opinion, to figure out how to reconcile the challenges of this budget picture, which I completely respect. But we do have billions of dollars that need to be allocated in a way that delivers on the outcomes that people expect from us.
- Tomiquia Moss
Person
And to me, for someone who spent more than 20 plus years trying to figure out how we can do this better, this is our chance. We do not have the luxury of pretending that we do not have a broken system that will facilitate housing for our communities faster and cheaper.
- Tomiquia Moss
Person
And that, to me, is the impetus for the urgency. That is why I believe that the Committee's work needs to start now. The agency, as Amy talked about, will be stood up in 2026.
- Tomiquia Moss
Person
But all of the work that you all have done over the last six years to stream to integrate our systems and programs, that work is underway. But this gives us a container to situate that work and accelerate it.
- Tomiquia Moss
Person
And so the work of this Committee will begin as soon as the reorganization is approved, if that is the desire of the Legislature. And I will say, you know, we know that resources are cyclical. I've been in California for 22 years. When there was money and when there was no money. That is this moment.
- Tomiquia Moss
Person
I do believe that resources will come again. And we want to be prepared to make sure that we are maximizing every single dollar that we have at our disposal toward these goals. And so, you know, the Governor has mentioned a bond.
- Tomiquia Moss
Person
There are going to be opportunities for us to facilitate resources over time in this much more rational, functional system that we think is our responsibility as public servants to Californians.
- Lola Smallwood-Cuevas
Legislator
I believe in a little magic. So I'm going to say if you could wave the magic wand in your expertise in understanding the urgency and having intimate knowledge of the problem. What's the timeline for this? Should this move forward, what is the timeline for the action steps to be in place?
- Tomiquia Moss
Person
I mean, I could imagine we would begin seeing those materialize by the start of 26. It's going to take us time. I mean, look, part of what we also want to do is be incredibly respectful and supportive of our staff.
- Tomiquia Moss
Person
We can't sleep on change management of reworking, how our teams are thinking about the outcomes that we have to deliver as a part of this reorganization. So all of 2020, the remainder of 2025, in my opinion, is about making sure that all of the staff that are going to be repositioned in this organization are supported.
- Tomiquia Moss
Person
They understand the charge their responsibilities. They have the training and supports that they need to do what they've been doing. We don't want to see a disruption of services to our external stakeholders and of course to our housing pipeline.
- Tomiquia Moss
Person
But we want to make sure that we are supporting our staff through this transition and also doing the hard work of setting up the critical infrastructure of this Committee so that it can start moving on day one as soon as the agency is fully operational.
- Lola Smallwood-Cuevas
Legislator
The sense is that this is a revolving rollout. It's not we're going to do this and then roll out this plan that then is outdated because we waited five years to put the plan out.
- Lola Smallwood-Cuevas
Legislator
This is a rolling sort of these action steps and these deliverables, if you will, will be coming in a rolling basis as this team sort of tackles. And I don't know, I'm sure there's a very important strategic plan to this, but those priorities and those top line things will be rolling out soon as they start solutions.
- Lola Smallwood-Cuevas
Legislator
And the ability to collaborate in this way is realized and approved by this Committee.
- Tomiquia Moss
Person
Absolutely. And also to say, you know, BCSH is only one agency that supports housing and homelessness work. We have Human Services Agency or the Human Services Agency, calsta, all of our departments across state government who currently sit on our interagency Council on Homelessness.
- Tomiquia Moss
Person
We want to create a container for those resources programs to come in and be aligned over time. And so that's what this is.
- Tomiquia Moss
Person
It's a rolling process for us to set up the infrastructure that we have control over today and invite the integration of the programs so we can get the biggest bang for our buck for all of the resources that the state is spending toward these issues. Thank you.
- Christopher Cabaldon
Legislator
All right, so I want to emphasize there's nothing that prevents. We already have an A team at the agency and at the Department. We already have an agency responsible for housing and homelessness and more. We already have one of the most expert, knowledgeable and creative leaders at that agency.
- Christopher Cabaldon
Legislator
There's nothing that would prevent us from doing this sort of integration. In fact, as we first, I'm the Director, HED is already done this with some of its own programs internally. We don't have to reorganize state government in order to accomplish these objectives.
- Christopher Cabaldon
Legislator
Personally, I would rather that we had budget language that simply gave the secretary the authority to do the integration rather than, and I know that's not going to be popular with all of my friends in the advocacy community who want us to take the time to do all of that, but you could do that the Secretary could convene that and do the integration work and we could deploy much more quickly while we still have any, while we still have some money in the bank.
- Christopher Cabaldon
Legislator
The fundamental though for me is still the question of it's a cruel hoax to be investing state dollars in this while we are also essentially winding down these programs.
- Christopher Cabaldon
Legislator
I share your hope and your optimism, but my reading of both the Department of Finance and the Laos documents about our out year fiscal condition doesn't suggest that we're just a couple of years away from being able to make investments that we're not doing today.
- Christopher Cabaldon
Legislator
And coming from a city hall and hearing from plenty of affordable housing developers and mayors and supervisors in the district is we're not even doing some of these programs because clearly the state's not committed to them.
- Christopher Cabaldon
Legislator
We can't mount effective homelessness programs right at the moment, as the Senator said, that we're turning the corner because the state is signaling as loud as it possibly could that we are no longer going to be an investment partner here by not just investing zero new dollars, but now also proposing to De appropriate inappropriate whatever the take back, claw back 30 plus $1.0 million.
- Christopher Cabaldon
Legislator
So the conditions are not there in the world. So we're going to today we're going to leave this open. We will take public comment on it later.
- Christopher Cabaldon
Legislator
I'm going to ask our staff if they would please prepare the draft because I would like us to the Subcommitee to consider when we take this up again, replacing the appropriation with language that appropriates a quarter of a percent where we can talk through the number of the amount of money that is appropriated in the 2025 Budget act for HAPP and MHP and the Joe Cerner Farm Worker program and the other unfunded programs for the, for the new agency.
- Christopher Cabaldon
Legislator
If there's no money for the new agency for the, for any of our homeless and housing initiatives, there should not be this agency reorganization. If there is, then of course the agency needs to be stood up in order to implement it.
- Christopher Cabaldon
Legislator
But we need to, we need to be clear that these, that these issues are closely connected to one another and that we will not be perpetrating this hoax, this cruel hoax on the people of California and the homelessness providers, the Housing Department developers and the communities that simply reorganizing state government, while not while withdrawing from the field of making new investments in housing homelessness is going to help us take advantage of the corner that's being turned and really solve the crisis on our streets and in our communities.
- Christopher Cabaldon
Legislator
So we will leave this open for Today, as the discussions continue. Secretary, did you. I can see you've got something to say.
- Tomiquia Moss
Person
Well, I just wanted to respond to your point, Senator, around the connection between the resources and the reorganization. I just want to offer a perspective from prior to becoming secretary, I spent most of my career outside of state government, and before this Administration, there were no state resources allocated toward housing and homelessness.
- Tomiquia Moss
Person
So before this Administration, Administration, where we have year over year invested in the most critical issues that this state faces, this reorganization cements that structural infrastructure into state government so that no matter what Governor sits in that seat, this state institution will be present to advocate and secure resources for housing and homelessness.
- Tomiquia Moss
Person
So to me personally, to be able to have witnessed redevelopment go away in 2012 when there was no replacement for local communities to address our affordable housing crisis, to see in my own community in Oakland go from homelessness not being our top issue when I was Chief of Staff to 8,000 of my neighbors being on the street.
- Tomiquia Moss
Person
I want to make sure that we have the capacity when resources come and go, that this institution of housing and homelessness is a part of how we address the most critical issues of our time. And so I just offer that, yes, there is a responsibility to ensure resources and difficult budget years require difficult choices.
- Tomiquia Moss
Person
I'm simply suggesting that making sure that this structural infrastructure is here and perpetuity gives us a much better shot of not having this be a policy issue of concern or of not concern.
- Christopher Cabaldon
Legislator
Appreciated. Let me just add, though, three of the last four governors have reorganized the agency in which housing sits, so the mo. So the notion of perpetuity. I'm hopeful, too. I hope we finally get this right. At the same time, the most most powerful letter to the future is an appropriation for housing and for homelessness.
- Christopher Cabaldon
Legislator
And I hope we'll all continue to work together in the coming days and weeks in order to make that happen. Secretary, Director, thank you so much. All right, now we're going to move to establish a quorum, so would you please call the roll?
- Christopher Cabaldon
Legislator
All right, now we're going to proceed to our regular business, a regular order, and go to item one, which is with go biz economic development proposals in the May revision. Welcome.
- Charlie Lasalle
Person
Department of Finance to lead off. Charles LaSalle, Department of Finance Today I'm going to be providing an overview of the proposals included at the May revision for the Governor's Office of Business and Economic Development.
- Charlie Lasalle
Person
Given the existing General Fund condition and projected declines in revenues, the May revision proposes to withdraw 60 million that was included at the Governor's Budget for the 25-26 for another year of support for the California Competes grant program.
- Charlie Lasalle
Person
Additionally, the May revision proposes to revert 11.5 million from the General Fund that was included at the 2023 Budget Act, which supports the Small Business Equitable Payroll Fund established pursuant to SB 1116 of 2023.
- Charlie Lasalle
Person
Separately, the May revision also proposes to include 230,000 in reimbursement authority in 25-26 for the Outsmart Disaster program, which is a statewide awareness campaign focused on providing California communities with resources they need to adequately prepare for and recover from disasters.
- Charlie Lasalle
Person
And three separate reappropriations, the first being 2.153 million for the Zero Emissions Vehicle program that was moved from moved to the Governor's Office and Business and Economic Development from the Governor's Office of Land Use and Climate Innovation as part of the 2024 Budget Act.
- Charlie Lasalle
Person
The appropriation, when it was originally at LCI, had an extended encumbrance period. This reappropriation aligns the GOBA's funding with the original appropriation that was included as part of the 20, which was included when the funding was appropriated to LCI originally.
- Charlie Lasalle
Person
Secondly, the May revision proposes to reappropriate 700,000 for the Containerized Ports Interoperability grant program from the 2022 Budget Act. This funding is to complete administrative workload as well as legislative reports that are required for the program closeout.
- Charlie Lasalle
Person
The final request is to reappropriate 240,000 for the women's Business Center's Enhancement Program, which was initially included in the 2022 Budget Act. The reappropriation would allow GO-Biz to cover administrative workload associated with closing out of the program.
- Charlie Lasalle
Person
Lastly, the May revision proposes to include provisional language that would allow the Department of Finance and GO-Biz to augment their budget by 650,000 to meet the federal match requirement in the event that GO-Biz receives a large award from the STEP program.
- Rowan Isaaks
Person
Thank you, Chair. Rowan Isaaks, LAO. we just wanted to make a comment on the withdrawal of CalCompete's funding. As the Committee heard previously, our assessment of CalCompetes as a program as a whole is that it's generally well-structured and effective at economic development, especially relative to other tax program tax incentives and business incentives.
- Rowan Isaaks
Person
Having said that, we think that the grant, which is the subject of the proposed withdrawal, is a nice to have element of the program, but ultimately supplemental, that is the CalCompetes program will continue to function well even with the withdrawal of this money. The grant has been funded previously on a year-to-year basis.
- Rowan Isaaks
Person
So in 21, 22, 23, money was allocated for one year. And in the light of last year's budget problem, the funding was withdrawn. And so we have a budget problem as well this year. So withdrawing the funding is a reasonable choice to make.
- Rowan Isaaks
Person
Having said that, you know, there are other programs that maybe we view as less effective than CalCompetes at the goal of economic development that do maintain or receive new funding. And so to the extent that those programs maybe meet the bar for spending this year, maybe CalCompetes, we could be considered meeting that bar also.
- Christopher Cabaldon
Legislator
You're not going to name names or. All right. Are there questions or comments for Members of the Subcommitee? Senator Smallwood-Cuevas?
- Lola Smallwood-Cuevas
Legislator
No, I'm speaking of the CalGrants program, the 60 million.
- Lola Smallwood-Cuevas
Legislator
Can you just share: do we know the impact of the grant reversals? How many businesses, how many particular small businesses will be impacted by this and where?
- Philip Shanda
Person
Philip Shanda, Budget Officer here at GO-Biz, we don't have those numbers specifically here. We would have to get those for you.
- Lola Smallwood-Cuevas
Legislator
Yeah, I'm just curious. I understand the LAO's perspective and I was looking through, I didn't see any analysis and I know this has been for some years. But I'm curious what types of businesses are hardest hit when these kinds of grants disappear or not funded?
- Philip Shanda
Person
CalCompetes kind of targets slightly different, kind of a slightly different market there. I think it's a little bit more focused on businesses that are trying to expand in California specifically, and we're trying to keep them from going out of the state. And so they might have resources, they tend to be a little bit larger.
- Philip Shanda
Person
And so they have the resources to kind of make that decision and figure out, okay, well, it may be better to have a factory over here in Arizona versus in California.
- Lola Smallwood-Cuevas
Legislator
The reason I asked is there are a number of small businesses in my county that support the larger enterprises. And so when you say we are going to remove these grants, it does have an impact on those small community-based businesses that provide services downstream, right, to these larger enterprises.
- Lola Smallwood-Cuevas
Legislator
So I'm just curious, who is most impacted and particularly when we look at the community level, when we decide that we're not going to locate those larger firms in a community, the ripple effect does have that impact.
- Lola Smallwood-Cuevas
Legislator
So I was just curious if we had any data about what the impacts of these grants not being awarded may have on the small business community.
- Philip Shanda
Person
Well, you know, going downstream from the kind of target market, we don't have those analyses here, but we can look into it for you.
- Nick Thomas
Person
Nick Thomas, Department of Finance. I can also jump in on this. So as the LAO mentioned, there were three years of funding for the grant program. It was at 120 million dollars per year. I think ultimately there were 23 grants given out to companies and that's in addition.
- Nick Thomas
Person
So the grant program is also separate from the tax credit program. And so the tax credit program under CalCompete's continues to be funded in the budget year as well. I would note that.
- Nick Thomas
Person
But since the grant program is relatively new compared to the tax credit program, there isn't necessarily the same level of research that's been conducted on it relative to the tax credit program.
- Lola Smallwood-Cuevas
Legislator
Yeah, I asked that question just because we get a lot of obviously the request to revert to discontinue, but we get very little in terms of what the impact is on that on the ground.
- Lola Smallwood-Cuevas
Legislator
And that brings me to the other point about the equitable payroll piece because I think you, you raised this. And I understand those dollars were not funded, but this program was really over resourced. There were so many communities that wanted to participate in the Equitable Payroll Fund In my district.
- Lola Smallwood-Cuevas
Legislator
I've heard these companies share how it's a survival, it's the way in which we employ neighbors and you know, with a region in LA County, about 21 billion in tourism, culture and arts primarily, it's something that we have deep concerns about when we see $11.5 million reversed in this proposal and we think that is a deep and problematic mistake.
- Lola Smallwood-Cuevas
Legislator
Just curious, you know, is there a sense of why this program was, why this decision was made to revert these funds when within 10 days the portal was shut down because there were so many inquiries for these necessary resources?
- Jesse Romine
Person
Jesse Romine, Department of Finance. I would just say that we do recognize that the money was deployed or the money is out there for the program and the portal was recently closed.
- Jesse Romine
Person
I think regarding this reversion, it really just comes down to the General Fund and tough decisions have to having to be made in order to balance the budget and looking at the total scope of all investments that are out there in the budget in order to balance it.
- Jesse Romine
Person
This was one that we had ultimately selected to pull back. So I think it really just comes down to balance the General Fund out.
- Lola Smallwood-Cuevas
Legislator
The funds were promised. Folks were anticipating those funds. Unlike the earlier program that had not been funded for several cycles, there was a commitment to the community to be able to use these funds and to not to then revert in the midst of the program is, it's a malicious sign of intent that I think folks see as a real failure and like kicking the arts and culture community while they're down.
- Lola Smallwood-Cuevas
Legislator
And especially those, those smaller nonprofits. Most of these groups have budgets that are under $2 million. This is the difference between recovering from the pandemic and not recovering from the pandemic.
- Lola Smallwood-Cuevas
Legislator
And I think for far too long, these are communities that have helped to shoulder the economies of many of these neighborhoods, particularly in places like South LA in LA County.
- Lola Smallwood-Cuevas
Legislator
To pull back only pushes these entities into the realities of maybe closing their doors because they don't have the dollars to hire the folks that they need to keep these important businesses open. So I am not - there are a lot of decisions that are being made.
- Lola Smallwood-Cuevas
Legislator
I just think that when it comes to arts and culture, many neighborhoods down to the block level rely on these small businesses that are keeping those communities afloat.
- Lola Smallwood-Cuevas
Legislator
So, you know, for every 100 jobs that this fund would create, there's about 156 other jobs in my area that get certain supported because of the ability of these businesses to continue to function and to expand the work that they're doing. So this is not just a gap, it's critical and it's one that folks were promised.
- Lola Smallwood-Cuevas
Legislator
And I think we have to keep our promises when communities, and particularly our small businesses are relying on them.
- Christopher Cabaldon
Legislator
I have a question for you, which is we have this item, the equitable payroll program, which was authorized in 2022, appropriated in 2023. We are here on the verge of the 25-26 budget. And then you have the two items for reappropriation that are for administrative costs for the Containerized Ports program and the Women's Business Center Enhancement Program.
- Christopher Cabaldon
Legislator
Without getting into the details of the specific ones, and this is probably out of. I know it's out of my pay grades, maybe yours too. Is there, is GO-Biz capable of administering these kinds of programs? And I'm referencing kind of the conversation that we just had.
- Christopher Cabaldon
Legislator
GO-Biz and GO-LCI, GO-LCI, are they represent a change in the way that state government has been organized since the 70s. Both units existed in much different forms for a long time. And they have maybe slowly, maybe not slowly for me, coming back here after being a staffer before.
- Christopher Cabaldon
Legislator
But do they have the capability and the capacity to effectively implement the programs that we were assigning to them as though they were a full blown cabinet agency?
- Christopher Cabaldon
Legislator
They're radically different in terms of how much program implementation that they are doing compared to their advice and counsel to the Governor on special projects before.
- Jesse Romine
Person
Yes, I think with the reappropriations here specifically, specifically we're nearing closeout with a lot of them with the Ports and Women's Business Centers and the move over for the Zero Emissions Vehicle Program, as my colleague had mentioned, it's really just to align with the initial appropriation date.
- Jesse Romine
Person
I would say, for like, specifically as it relates to the payroll, the payroll Equity Fund. And I'll defer to GO-Biz to talk about some of the implementation challenges there.
- Jesse Romine
Person
The reappropriation in 2023, because of the size of the reversions taking place that were coming from two other programs, it did take a little bit longer to implement and to get the resources out for the Payroll Equitable Fund. So there were some challenges there. And I'll defer to my colleagues at Go Biz to talk through some of those items.
- Christopher Cabaldon
Legislator
Okay. If other Members of Subcommitee want to probe that at that level, I'm up for it. For me, it was more a question about just the organizational design.
- Christopher Cabaldon
Legislator
I'm just raising, raising this question more broadly about whether this governor's office of, blank, approach as an alternative to normal departments and agencies is really effectively working because this is not the, it's not the historical pattern and it could be great. But I'm just, but these items sort of raise that...
- Christopher Cabaldon
Legislator
...not even just a question, not even a flag at this point. So we can pursue that at a different time. If Members of Subcommitee want to go in depth about the rollout of the equitable payroll program, we certainly can. But necessary for my question.
- Lola Smallwood-Cuevas
Legislator
I don't think we need to go in depth. The point I'm making here is that we have small theaters, we have small orchestras, we have, you know, events that do arts and culture in our parks. And regardless of what the structure is, the commitment was made, the dollars were promised, communities are waiting for them.
- Lola Smallwood-Cuevas
Legislator
And so it's about the economics of whether we want these businesses to close because we are going to pull back on our commitment. Are we going to move forward with a very modest commitment to ensure that we hold on to these jobs and these cultural centers.
- Lola Smallwood-Cuevas
Legislator
You know, we are the number one entertainment, arts, and culture employer of the nation in many respects. But we are spending, I think we ranked 35th in our per capita arts funding. And so, you know, we are, the arts is producing jobs, it's producing travel, it's adding to our GDP. But then we are reneging on these investments.
- Lola Smallwood-Cuevas
Legislator
And I understand that the tax credits programs are continuing. I understand that there are decisions that have been made to not provide funding over a single series of years. But when we make the commitment to deliver the funding, people have done the work, they've done all of the application, they've been in the portal.
- Lola Smallwood-Cuevas
Legislator
We should not be pulling the rug from underneath them. We should move forward with our commitments, particularly in this time. And I want to say these are the businesses that are going to bring the Olympics, the World Cup, Super Bowl, All Star Games.
- Lola Smallwood-Cuevas
Legislator
These are the arts and culture workers that are going to make sure that California delivers. And certainly California is going to benefit from those sales tax and that revenue. So, you know, let's stick with our commitments, regardless of what the infrastructure. We should have discussed that before we opened it up.
- Lola Smallwood-Cuevas
Legislator
How do we make sure that those dollars are put back in place so that those businesses can do what we need them to do for our state? That was the point that I wanted to, to make.
- Christopher Cabaldon
Legislator
I'm the four oboist for the LA Junior Philharmonic. So I'm, I'm with you. I'm with you.
- Christopher Cabaldon
Legislator
I don't know where it all went wrong. All right. Okay. If the pathways existed, maybe I'd be doing that instead of this. All right, thank you. So we're going to hold this item, all these items open from GO-Biz. Thank you. And we'll proceed to item two. I'm sorry, the second item in item one, which is the GO-LCI items.
- Christopher Cabaldon
Legislator
It was a misreading. Okay, so, yeah, we're item two, housing related proposals in the May revision with Go Lucky and HCD. Alright, so are we proceeding with the presentation from the departments or from Finance today? From Finance.
- Megan Tokanawa
Person
Good morning, Senators. My name is Megan Tokanawa Block with the Department of Finance. The item before you is the May revision proposals related to housing. I'll provide some brief introductory remarks before passing it to a colleague for a specific proposal. As your agenda details,
- Megan Tokanawa
Person
in light of the estimated budget shortfall and the state's fiscal condition, the May Revision proposes one housing related solution. This solution is the reversion of 31.7 million in unexpended affordable housing funding.
- Megan Tokanawa
Person
Thank you. This solution is the reversion of 31.7 million in unexpended affordable housing funding from prior budget acts. This reflects under subscribed funding from the Infill In- Infill Infrastructure Grant catalytic program and the Commercial Property Pilot Program, as well as unawarded 2021 infill infrastructure grant funds that were not projected to be used by the current liquidation deadline.
- Megan Tokanawa
Person
The May Revision also includes two proposals highlighted in the agenda. For the Department of Housing and Community Development, $902,000 and three positions for various accountability and compliance activities, including Public Records Act workload increases, Accessory Dwelling Unit related technical assistance and Codes and Standards division workload for the Community Development Block Grant disaster recovery program.
- Megan Tokanawa
Person
$417 million in one time federal funds to reflect federal disaster recovery related resources for 2023 and 2024 natural disasters that will be available to HCD starting in 202526. We are joined here by a number of representatives from agencies and departments. They are available to answer additional questions and provide additional detail.
- Megan Tokanawa
Person
As the agenda item is cross cutting among entities, I will now hand it off to my colleague, the Deputy Secretary for Housing to introduce a highli- an item highlighted in the agenda, the Climate Aligned Housing Proposal.
- Sasha Kergan
Person
Thank you, Megan. Good morning, senators. I'm Sasha Kergan. I'm the Deputy Secretary for Housing at the Business, Consumer Services and Housing Agency speaking about the Governor's trailer bills for the housing. Sorry, distracted. The May Revision includes trailer bill language to enact various climate aligned housing policy reforms.
- Sasha Kergan
Person
And this proposal will streamline housing permitting and accelerate production, providing a clear path for more housing and economic opportunity. The trailer bill will do the following. First, accelerate permitting and make a level playing field in the state by removing the current exemption for the Coastal Commission from the permit streamlining act.
- Sasha Kergan
Person
Second, expand access to CEQA judicial streamlining by allowing housing projects over $100 million to use the same streamlined pathway that's currently available to smaller housing projects. The revisions would give housing applicants the option to demonstrate consistency with CARB's scoping plan instead of a quantitative GHG analysis sorry, greenhouse gas analysis.
- Sasha Kergan
Person
And third, the proposal would create a statewide vehicle miles traveled or VMT mitigation banking system as a flexible option for developers to meet existing CEQA obligations.
- Sasha Kergan
Person
This proposal will provide an option for developers to satisfy VMT mitigation requirements by paying a fee that will be set by the Office of Land Use and Climate Innovation into a fund that is administered by the Department of Housing and Community Development. These dollars will be used to finance affordable housing and related infrastructure near transit.
- Sasha Kergan
Person
This creates a statewide mechanism to link VMT mitigation with affordable housing production and climate aligned land use goals. Each of these proposals is focused on removing barriers in a practical and cost effective way. If you have any questions about these proposals, I'm joined by Natalie Kuffle from the Governor's Office from Land Use and Climate Innovation. Thank you.
- Paul Steenhausen
Person
Thank you. Paul Steenhausen, again with the Analyst Office. Three overarching comments on this agenda item. First, over the weekend our office released it's a brief that summarizes the May Revision and provides our initial assessment of it.
- Paul Steenhausen
Person
One of the points is the Legislature faces really a challenging task over the next few weeks to review numerous budget proposals and then develop its own plan for how to address this renewed budget problem.
- Paul Steenhausen
Person
Given this challenge, we encourage the Legislature to focus on the fiscal picture- picture and defer more policy oriented May revise proposal including these climate aligned proposals you just heard about and that are referenced on page five of your agenda and defer them till later.
- Paul Steenhausen
Person
It can be later, it could be in the summer or it could just be something just to firm put his pol- part of the policy process.
- Paul Steenhausen
Person
Doing so would allow the Legislature to really focus on the budget situation right now, thinking through all the trade offs with the budget picture as well as give you time and capacity to really think through these proposals and- and understand them better, understand the potential benefits, implications and trade offs associated with them.
- Paul Steenhausen
Person
Second, with regard to the proposed reversion of the $31.7 million General Fund that would be budget solution. Certainly there are trade offs downsized reverting funds from these three HCD programs.
- Paul Steenhausen
Person
Given the state's budget condition though, and the fact that these funds which were appropriated a few years ago and still haven't been awarded, we think it's reasonable to revert the funds as savings toward the state's budget problem. Third, we reviewed the other budget change proposals described in your agenda. They're all at the bottom of page six.
- Paul Steenhausen
Person
It includes responses to workload from Public Records Act and Department litigation increases, anticipated receipt of federal funds and using remaining bond funds for- for housing. We don't have any particular concerns with those proposals, but happy to answer any questions you might have about them. Thank you.
- Christopher Cabaldon
Legislator
Alright, members of the subcommitee, are there questions or comments?
- Lola Smallwood-Cuevas
Legislator
Thank you, Mr. Chair, and thank you for the- the presentation and LO- LAO for that update on your analysis. I guess my question is, given the removal of the new state funding for HCD finance programs, how will the administration meet its housing production goals and what are you all doing to ensure that that happens?
- Megan Tokanawa
Person
Megan Tokanawa Block again with the Department of Finance. I'd also like to invite our colleagues from HCD to join the table, but I can kick off my response. The Department of Housing and Community Development has many dollars from prior budget acts that that are in the pipeline.
- Megan Tokanawa
Person
As I mentioned, there's $3.4 billion in active notices of funding availability. And so these resources will continue to be deployed to help us achieve our housing goals.
- Sasha Kergan
Person
And also, may I share a little bit more, senator? Specifically, the Department of Housing and Community Development is working along various tracks every day, not only with funding but particularly with policy levers.
- Sasha Kergan
Person
Some, and I won't belabor the point in the trailer bill, but some with the types of tools, including the Permit Streamlining Act, that promote predictability along the whole continuum of housing development from affordable to market rate, that predictability translates to cost savings when we have unpredictable permitting processes that creates uncertainty and more holding cost for the developer, whether affordable or market rate, that drives up the cost of development, that decreases the amount of affordability that can happen in that project.
- Sasha Kergan
Person
And so the Housing Policy Division is working on several things, including housing elements, some of the sticks, as the senator has alluded to them before, but actually with a lot of technical assistance. And they lead with technical assistance to help remove barriers at the local level.
- Sasha Kergan
Person
With all of the 539 cities and counties available to answer questions about the range of housing laws, financing our way through housing issues anywhere in the nation is not the only strategy.
- Sasha Kergan
Person
California has led solutions in housing because we have complemented this with many policy and initiatives that you all have championed to be able to promote not only predictability but certainty so that housing can happen. And that is a major way that we are meeting our goals.
- Sasha Kergan
Person
We're also doing it through things like implementation of our own excess sites program, making state land available, but making local land available through the Surplus Land Act, a tremendous amount of production through accessory dwelling units, as I know you know well.
- Sasha Kergan
Person
And so that work continues, I understand and feel how difficult it is to be a constrained fiscal environment. I don't mean to undersell that, but I want to give you the confidence that there's a lot of work going on day to day.
- Lola Smallwood-Cuevas
Legislator
And do we have a sense. Another 3.4 billion in the pipeline. How many projects will be delayed as a result of the lack of investment this- this cycle?
- Megan Tokanawa
Person
Sure. I can opine and weigh in to say that we are actually able to continue production even in the absence of additional state resources like the state tax credits. The first round of the Debt Limit Allocation Committee of three rounds this year did not include any state tax credits and those resources were oversubscribed.
- Megan Tokanawa
Person
So there are projects that are able to move forward without the additional state subsidy.
- Lola Smallwood-Cuevas
Legislator
And do we know which ones won't and what that impact looks like?
- Megan Tokanawa
Person
Sure. So the- the three elements of the reverted funds include two programs that were under subscribed and they're from much older budget acts. This is from 2021, 2022 and 2023. Those funds were not.
- Megan Tokanawa
Person
They were over- They're under subscribed because there was not enough demand for the resources in the program that was created by statute. The IIG General program has funds that were not expected to be expended by the current liquidation deadline of next June.
- Megan Tokanawa
Person
And so because those funds are not already committed to projects, we're proposing to revert those funds because they could not be used in time.
- Lola Smallwood-Cuevas
Legislator
So there- So there's no delay or any impact on any project with the reversion of these dollars. Okay, so the other question I had is enforcement action, because I think you talked a little bit about that. What will that look like for cities and counties if they fail to meet their obligation in reduce- in terms of reducing homelessness? Is there-
- Sasha Kergan
Person
Senator, can I clarify, do you want to speak about their obligation more towards RHNA or more towards homelessness?
- Sasha Kergan
Person
Okay, great. So on RHNA. Sorry. For the Regional Housing Needs Allocation. And I might ask Megan Kirkeby from the department if she wants to join as well.
- Sasha Kergan
Person
We're about to have a big group. Excuse us. But it's a wide ranging issue with many implications. I don't see the funding as directly related. The cities and counties are continuing to meet their obligations by creating housing elements, working with the department to have them reviewed and ultimately approved.
- Sasha Kergan
Person
And removing barriers to housing production looks a lot of different ways, and not always immediately committing funds, but rather making the right circumstances or setting the table for development to be able to happen without delay. And those are things that the localities can do.
- Sasha Kergan
Person
I'm not saying it's easy, but localities can do that within their control, following state law, making sure that they're removing barriers to process. We do have ideas about some additional ways to make that happen to make it even easier, but those are things that are going on every day.
- Lola Smallwood-Cuevas
Legislator
In terms of the- just the oversight, because that's one of the things that we have as the Legislature, we've been concerned about and have put tools in place to make sure that we have enforcement action capacity to ensure that those steps are being made and the streamlining and the processes-
- Lola Smallwood-Cuevas
Legislator
processes are moving quickly so that we can address the- the reduction in our homelessness numbers. So do any of these dollars impact the state's ability to oversee what the cities and counties are doing and to make sure that they are meeting their obligation?
- Unidentified Speaker
Person
The HCD BCP does. But I think you're speaking to a different proposal right now.
- Lola Smallwood-Cuevas
Legislator
Yeah, I guess I sort of see these things as running together because in terms of how much we're investing and what the resources are. So let's share what the over- what the shift or change or how you're dealing with that oversight capacity.
- Unidentified Speaker
Person
So- So certainly I think that oversight is really important to us.
- Unidentified Speaker
Person
You know, I think it's the theme of kind of what you all were talking about during the rework proposal as well is there's always going to be limited resources, but we want to make sure we get the maximum number of housing units per whatever resource we're putting out. And that's gonna be-
- Unidentified Speaker
Person
That's gonna be not one silver bullet of a strategy. It's going to be a combination of efforts. And so right now we actually have quite a bit of funding. And that's one of our strategies. Like what we need is to get per unit costs down.
- Unidentified Speaker
Person
And some of the ways we can do do that are some of the programmatic things you heard about this morning. Some of those are the permit streamlining act proposal you're hearing about right now. Some of those are coming from the HCD BCP that you're hearing about.
- Unidentified Speaker
Person
We're really trying to make sure that accountability is spreading as wide and far as possible because that's where we're seeing the gains. That's where we're seeing the timelines from entitlements come down. And every extra day we add between application to entitlement that made that home more expensive than it needed to be. Right.
- Unidentified Speaker
Person
So we want every single home that we put state dollars into to actually be less expensive so that when we do put forward $1.0 billion of housing funding, we get more out of it. And so what you're- what you- what-
- Unidentified Speaker
Person
I absolutely am always going to hear the concern of like, it looks like you're putting less money into the housing portfolio. Well, actually we have a lot of housing for right now. We have a lot of funding in the housing portfolio and we want to be able to stretch that predictably over time.
- Unidentified Speaker
Person
And so this isn't a time where it is essential for us to put in a ton more money into the housing funding part of the solution. But we need to make sure our programs are working effectively and that the actual cost of housing productions begins to come down. Now that won't last forever.
- Unidentified Speaker
Person
We're of course going to need housing funding to be part of the portfolio, but we always want to be maximizing that federal leverage. Right. So there's only so much we can put into the system per year before we create that backlog and actually add cost- per unit cost to the system. So to me, these all work together.
- Unidentified Speaker
Person
You're talking about how do we make sure we aren't having developers come to us six times? How do we make sure they come to us one time? How do we. And part of that is going to be about streamlining the ways in which we put housing funding out.
- Unidentified Speaker
Person
And then how do we get housing costs down for the market rate and the affordable. Because when we fix it for the market rate, it also makes our affordable dollars stretch further. Right. And then, you know, the- the third. Well, I guess I said all three.
- Unidentified Speaker
Person
Those are the- the three big strategies we're working on is funding our customer service and user experience experience and then the actual housing development cost, which we control through making sure people are following the law, setting the table and doing that streamlining.
- Christopher Cabaldon
Legislator
Okay, so there is a lot here in- in- in the set of proposals. I just want to frame it up for us. When we- we took up the excess sites program, DGS came and presented an impressive portal and analysis work.
- Christopher Cabaldon
Legislator
And we asked, so, you know, where are we on the hundreds of thousands of units that the Governor said would come from that project? And the response was a clear headed. Look, the- we have the sites, but the real challenge with- with- with housing in California is interest rates and financing. So the sites are there.
- Christopher Cabaldon
Legislator
But the real challenge is interest rates and financing. The Governor who- or himself or whoever helped him write the May Revision narrative in the housing section described the same context, really, for the first time in years. The- The Governor's Budget narrative, the May Revision narrative, does not really focus on streamlining and all of that.
- Christopher Cabaldon
Legislator
It says, given the interest rate climate and the lack of capital markets financing for so many projects, those are the main barriers that we're facing in California.
- Christopher Cabaldon
Legislator
Someone else wrote the trailer bills and decided to focus us back onto permit streamlining and to focus on the issues of recalcitrant city governments and counties, kind of like we've done on homelessness, where we heard earlier today, California's turning the corner.
- Christopher Cabaldon
Legislator
We've had the lowest increase in homelessness of- of the- of all the other major states, and also all the cities and counties are falling on our face. They're evil and they're incompetent, and we need to hold them accountable because they're not doing their job. Both things cannot be true.
- Christopher Cabaldon
Legislator
The state itself is not solving homelessness, and we're not building very, very much housing directly. It is in partnership with the local communities, with affordable housing developers, with all the nonprofit service providers and what have you.
- Christopher Cabaldon
Legislator
And so I- I- I think that- that lesson around that the state is learning itself, where it does try to engage in housing developments, including excess sites, but others as well, is that it's much more complicated and much more challenging than simply somebody coming up with the right site with the zoning to match it.
- Christopher Cabaldon
Legislator
And as we heard earlier in the year, I think, actually from Ms. Kirkeby, you know, we- we are also making substantial progress on that side of the equation where local governments are through the, you know, I have already- I've only been here for six months. I've already voted on 18 different, you know, streamlining bills myself.
- Christopher Cabaldon
Legislator
All those policies are playing out. And so I guess my- my- my concern as we go to the- the- the trailer bill language is that we keep playing that record again, you know, the oldies but goodies. It's, you know, we need to-
- Christopher Cabaldon
Legislator
we really need to crack down on people not zoning when we then don't propose any funding to help people build. And yes, there are projects that can get through, you know, SIDLAC and whatever, get their funding without a tax credit. But that- that project is not in-
- Christopher Cabaldon
Legislator
It's not in Woodland, it's not in Lodi, it's not in the rest of California. So, yes, there will always be projects that are just a few bucks away from being viable in San Francisco or Oakland or West LA, but that is not the case in the vast majority of California. Without these dollars, these projects don't get built.
- Christopher Cabaldon
Legislator
And so we should. I mean a physician heal thyself. We've learned that lesson on our own projects, which is why we were told don't hold us any, you can't hold us accountable for excess sites because that's as much as the market can actually finance. But we are for affordable housing,
- Christopher Cabaldon
Legislator
we are a non trivial part of that financing set. And so it is essential that we continue invest in those programs. And we're not even- we're not even reappropriating the funds, the 30 plus $1.0 million that are proposed for reversion, we're not even reappropriating those back to housing. And yes, I get the General Fund condition, we all do.
- Christopher Cabaldon
Legislator
But it's a little hollow because the January Budget, which was essentially balanced, also proposed no money for housing. So even when we didn't have the- the significant budget challenges that we're facing today, the priorities that were expressed in the January budget also zeroed out any new funding for- for housing and homelessness.
- Christopher Cabaldon
Legislator
So that's the context I'm trying to grapple with in terms of both what's being proposed here on the dollar side, but then on the trailer bill language because these are very big proposals and we have spent a lot of hours debating similar things in the policy committees and it's not clear to me how any of these relate to the budget questions that are- that are before us.
- Christopher Cabaldon
Legislator
And so maybe if we could turn to those briefly in terms of the- the trailer bill- the- the trailer bill issues. Can you provide more background on how exactly this vehicle miles travel program mitigation program is supposed to work and- and what the, you know, and how we would anticipate. It's- It's a very large delegation of- of- of legislative power to go- to go-
- Christopher Cabaldon
Legislator
lucky, I know you don't pronounce it that way, but it's a- it's a large delegation of- of our power. The way that it's drafted. We don't- We don't specify what the fee is or exactly how it will be said. We don't specify where the money's going to be spent or exactly how that's going to be done.
- Christopher Cabaldon
Legislator
It is a reque- an extraordinarily broad request for- for a new fee and spending program over which we would have exercised no- no role in the design of it. And so it is absolutely essential that- that we understand very clearly today what it is, that is- how exactly this is going to work.
- Christopher Cabaldon
Legislator
I understand that the problem that has been identified for VMT mitigation, you know, across the state and particularly in certain areas of the state, but- but how mechanically Is this intended to work? And why do you. Why do we need a very broad trailer bill approach to as opposed to regular legislation?
- Unidentified Speaker
Person
Do you want to start? Great. Thank you, senator. That's a great question. I would like to point out that there is a VMT mitigation Task force that was established last summer pursuant to the Governor's Executive Order EON224 that includes LCI, BCSH, HCD, Calsta, Caltrans, DGS and CARB.
- Unidentified Speaker
Person
So we have had the- the top minds on the executive branch working on this issue for quite a while and identifying how something like this would be implemented. There is some deference in the legislation, in the trailer bill language in order to allow that task force to fully flesh out what the guidelines would be.
- Unidentified Speaker
Person
But we also have assistance from academics, including Klee at UC Berkeley, who've been studying this issue of VMT mitigation banking for, I would say 10 years now.
- Unidentified Speaker
Person
So there has been a lot of work done on this topic and that would all be brought into this guideline process that LCI would develop that would help set the fee. That would then be used by a project applicant or a lead agency when they had a project that had a significant impact under VMT that they needed to mitigate.
- Unidentified Speaker
Person
They would be able to look at the guidance and- and calculate the appropriate fee and then deposit that sum into the Transit Oriented Development Program at HCD which would then fund housing based on the program guidelines for that.
- Sasha Kergan
Person
So this nexus between housing and transportation is something that our state has led on. I know many of you are familiar with it. It has shown up in many of our programs and the way that we score our Affordable Housing Finance Program.
- Sasha Kergan
Person
It's a synergy to be able to get more riders on transit if housing is located nearby. But there's also it's not just a densely urban proposition. This strategy works in communities around California, not only in highly dense urban areas.
- Sasha Kergan
Person
That said, the Transit Oriented Development Program is one of the programs that's in the Multifamily Supernova Program at HCD just has not been funded for the past few years.
- Sasha Kergan
Person
But it's one that's funded programs even an excess sites project that's just steps away and it's really helped solidify through GAP funding the ability to get affordable housing closer to VMT reducing strategies. In that way, there's a very clear nexus to this option for VMT mitigation.
- Sasha Kergan
Person
So as the fund is created, the fund would be deposited- deposited into the Transit Oriented Development Fund that would fund the Transit Oriented Development Development Program with priority to projects as Natalie defined them, can be housing and infrastructure that the TOD program supports. So that's the basics of how it would work.
- Sasha Kergan
Person
And it's not an immediate set the fund, but rather, as Natalie mentioned, study and- and collaborate together to be able to develop it.
- Christopher Cabaldon
Legislator
But and then what- what is the- what would the fee- what would might we anticipate it being? And if the fee is mitigating a large highway project through the middle of- of Ledera Heights or- or- or Modesto or Madera itself and with substantial air quality implications, then is this allowed then for a Todd application in La Jolla to receive those funds?
- Christopher Cabaldon
Legislator
Or what's- how do we assure the nexus between what the original, I mean SB 743, which I think is the, you know, the instance of this- this was legislation by the- by our- by our then pro tem. It's been a major priority of the senate.
- Christopher Cabaldon
Legislator
And so while I appreciate the work the administration has been doing on this, this is fundamentally a legislative question. You fee setting the design of the these- these- these policies and of course the modification of 743.
- Christopher Cabaldon
Legislator
So I- I want to signal, I will, I, you know, I- I am not at all supportive of- of essentially transferring, repealing SB 743 and having it transferred to the executive branch to make all of the decisions. This is, these are clearly legislative issues and it implements absolutely these zero provisions of the budget.
- Christopher Cabaldon
Legislator
And so we- we and so a one page proposal here on an issue that's very important. It really is. But it's also incredibly complicated that we have to make sure that the- that the legislature and our stakeholders are also involved in that- in that conversation.
- Sasha Kergan
Person
Understood. I will be clear. This won't repeal SB 743. It builds on that framework and it maintains that this is an option under that framework. I'll take the location question and then, maybe Natalie, you can cover a bit more.
- Sasha Kergan
Person
So thank you for the question to your point on whether or not a project in Ledera Heights or in Madera County that is a highway expansion would then see funds move to San Diego County. That's not how this is written.
- Sasha Kergan
Person
By prioritizing funds towards affordable housing in the same region, the proposal ensures that mitigation is focused on providing direct benefits to the communities that are affected by the development that is triggering vmt. So we have thought of that and that is something that's very important in the 743 context.
- Unidentified Speaker
Person
Thank you. So echoing Sasha's point, there would have to be that nexus. This is mitigation under CEQA. So it is governed by the rules and laws of CEQA in terms of mitigation. So there has to be additionality and nexus and all of those things that are highly technical, as you mentioned, senator.
- Unidentified Speaker
Person
And that's why we want to develop thorough and comprehensive guidelines to make sure that if developers choose to utilize this option, and it is just an option, that they- they can rest assured that they will be in compliance with CEQA, that it is appropriate mitigation under CEQA, because without that certainty, the program really doesn't work.
- Unidentified Speaker
Person
So that is what we hope to work out in these guidelines is what would this program have to look like in order to meet all of the legal requirements of CEQA, including that nexus requirement that you mentioned.
- Christopher Cabaldon
Legislator
When you say developer with the language it does reference, it's the lead agency that makes that determiner determination, not a private developer.
- Christopher Cabaldon
Legislator
Okay, then we have the proposal on the hundred- lifting the $100 million cap. I know I don't know how many of these projects are.
- Christopher Cabaldon
Legislator
I know I have one of them that is a several billion dollar project which I am absolutely not interested in CEQA streamlining on because it's a greenfield project in the middle of- of Aglin.
- Christopher Cabaldon
Legislator
So I want to understand more about the- the pocket of projects that we are actually talking about with this $100 million, what it's intended to do and what the safeguards are when we're talking about. We are, we are.
- Christopher Cabaldon
Legislator
Now we're experiencing this obviously in Solano County with mega projects by extraordinarily, by folks with lots and lots of wealth to be able to deploy and CEQA streamlining is not intended to advance those kinds of projects. So who is this that we're talking about?
- Unidentified Speaker
Person
So to be clear, this is judicial streamlining. So these projects would have a full environmental impact report. The streamlining would come if there's CEQA litigation. And then they would use those special rules of court that would get the litigation in the trial court and the court of appeal finalized within approximately 270 days.
- Unidentified Speaker
Person
To Sasha's point earlier about finality and certainty, that is the, the purpose of judicial streamlining. You can guarantee shovels in the ground by a certain date, even if there is CEQA litigation, which can help with financing as well. That's something we know about this program. The program itself has been around since 2011 when AB 900 passed.
- Unidentified Speaker
Person
And then this pathway for housing projects has been around since 2021 with that cap of 100 million. So projects, housing projects over 100 million would have to under the large infill project category. That is the same project category that stadiums use.
- Unidentified Speaker
Person
So essentially we're holding those housing projects to the same standard that we hold a large stadium project. Instead, there is this alternative pathway for smaller housing projects and there are guardrails on that, including that it must be located on an infill site. To your point, it would not be for greenfield development.
- Unidentified Speaker
Person
It has to be located within an MPO and consistent with a sustainable community strategy. And 15% of the housing development project has to be designated affordable. So those are the current requirements for that smaller housing project in addition to having no net additional greenhouse gas emissions.
- Unidentified Speaker
Person
And we did propose some language in the trailer bill about that just to make it a more objective standard for housing projects to make meet. They could show compliance with CARB scoping plan, which provides clear guidance for what a housing project would need to do in order to be consistent with the state's long term climate goals.
- Christopher Cabaldon
Legislator
So you mentioned the scoping plan and the SES. So I want to turn next to the language about the proposed language about providing the option of showing consistency with the scoping plan as opposed to- to what?
- Christopher Cabaldon
Legislator
So is there, I mean, these projects exist in- in regions that have not just the scoping plan, but they have either sustainable community strategies or alternative planning scenarios that have been adopted pursuant to our- our laws. Why is that not an appropriate. So that's the scoping. That's basically the scoping plan translated to the regional land use and transportation framework.
- Unidentified Speaker
Person
So as the statute is currently written, applicants have to show both consistency with the sustainable community strategy for their region, but also show no net additional greenhouse gas emissions.
- Unidentified Speaker
Person
So the trailer bill just provides some additional flexibility on that no net additional greenhouse gas emissions language allowing them to show consistency with appendix D of the scoping plan which lays out the project specific characteristics that have to be met by a housing project to be consistent.
- Christopher Cabaldon
Legislator
With the scoping plan as well as the- as well as the SES, APS. Okay. Alright. As you can see, these. I mean these there's. And I'm a freshman, so I'm just learning this stuff. But they're-
- Christopher Cabaldon
Legislator
I mean, these are conversations that need to be had in a broader range of the legislature than just the three of us in half an hour. They're very big changes to- to- to policy that deserve their full consideration. Can I return to the- you've said a couple times today, I think you have, that we've got $3.4 billion in pipeline.
- Christopher Cabaldon
Legislator
Does that include any Prop 1 money or is- do you know what share of that is Prop 1? Or.
- Sasha Kergan
Person
Just about $2 billion for Prop 1? Apologies, these are not in my notes. So I'm going off the top of my head. More than $1.0 billion for veterans from Prop 1 and then about 800 million for what we would call General uses within the eligibility under Prop 1. HCD administers this under Home Key Plus.
- Sasha Kergan
Person
So it's very similar to Home Key but with the expanded eligibility that the voters approved. In addition, there were other dollars that were Home Key eligible and so have been added. So it's actually more than $2 billion in this NOFA. I'm sorry, I'm looking at supportive glances in the crowd.
- Sasha Kergan
Person
So yes, there is a good majority of it. That's from Prop 1, senator.
- Christopher Cabaldon
Legislator
Okay, so- so a relatively small proportion is the- is the- is the sort of the proven affordable housing programs that we've talked about quite a bit in the committee. The low income, the- the Multifamily Housing Program, the Low Income tax Credits and, and the Portfolio Investment Program and others.
- Sasha Kergan
Person
The Low Income Housing Tax Credit is not included in that- that amount. That's the type of federal leverage that we're using state funding and other sources and sometimes no state funding to access. Thank you for the notes. This is the NOFA calendar on HCD's website. The current multifamily super NOFA for this year includes $382 million.
- Sasha Kergan
Person
Thank you. Jennifer Seeger who leads the Department, the Division of State Financial assistance. That includes $230- $230 million for Multifamily Housing Program, $120 million for the multifamily component of the Joserna Program, 20 million for the Infill Infrastructure Grant Program, and $12 million for the CalVet Program.
- Sasha Kergan
Person
In addition to that, there is a Tribal Multi Family Super NOFA and then some dollars in the Permanent Local Housing Allocation Program.
- Sasha Kergan
Person
This in addition to the Affordable Housing and Sustainable Communities program with the Round 9 program out now with $775 million and those dollars are used to leverage additional sources and the certainty that we've been talking about today that housing can. Get built and I don't know if you want to talk about the disaster. No, not right now.
- Christopher Cabaldon
Legislator
So but the total then for the- for this pocket of programs, not counting Prop 1, is in the ballpark of what we have otherwise been appropriating annually to these programs.
- Sasha Kergan
Person
These programs vary, as you know. And so this is not the largest round of the Multifamily Super NOFA Program that we've had. But it is- it's supporting the main programs. And so it's, we are expecting good outcomes and good amount of demand.
- Christopher Cabaldon
Legislator
And then so, and I appreciate the Governor in the May Revision in the narrative, you know, signals his support for a state bond on housing and infrastructure, which I very much appreciate. Welcome. That would obviously we wouldn't have- we would have no cash from that for another couple of years.
- Christopher Cabaldon
Legislator
And, and it's, I mean, it's not- it's not an enormous amount over the life of a bond. So in terms of the dollars then that are left in these programs for this- this round and in the next fiscal year.
- Christopher Cabaldon
Legislator
Without making any investments and with pulling back these $34 million, are- are we going to be able to, if- if the climate changes, for interest rates or for other financing, will we be able to, as the Governor like to say, meet the moment?
- Sasha Kergan
Person
I would offer that we'll still be maintaining momentum through the range of strategies that Megan Kirkeby talked about today and the affordable Housing and Sustainable Communities program and Megan Tokanawa Block may want to pick up there.
- Megan Tokanawa
Person
That's correct. That there's no additional funding proposed at the May Revision given the fiscal constraints that we see.
- Megan Tokanawa
Person
But we're working to improve the effectiveness of the existing investments that we make through the reorganization plan, for example, and through trailer language that can help reduce costs and delays for housing development broadly, but including developments that are affordable and funded with state investments.
- Christopher Cabaldon
Legislator
And you mentioned the affordable housing and Sustainable Communities program. And the Governor has a pretty substantial proposal on the source of funds for that program in terms of using those dollars for high speed rail. And I forget what else but a substantial draw on those funds?
- Christopher Cabaldon
Legislator
What are the implications of- of that decision if the Legislature ultimately agrees for available funds in the affordable housing and sustainable communities program?
- Megan Tokanawa
Person
Certainly a point of clarity. The May Revision does not include a detailed spending plan for the Greenhouse Gas Reduction Fund. Rather, it identifies two key priorities that you alluded to, the high speed rail project and workload for CAL FIRE, with the remaining funding to be discussed between the Administration, key stakeholders in the Legislature on shared priorities.
- Megan Tokanawa
Person
And so the administration looks forward to developing a comprehensive plan that includes the continuous appropriations. So those will be determined in further discussions.
- Christopher Cabaldon
Legislator
Alright. I guess, obviously I appreciate that and we look forward to those continuing discussions. Obviously, the challenge will be if a substantial amount of those dollars are- are devoted to those two priorities that the Governor has outlined, it just leaves less money in the pot for all the other priorities, including affordable housing and sustainable communities.
- Christopher Cabaldon
Legislator
Which would mean yet another reduction as a result. And so it's definitely an item for concern if that program as well ends up being trimmed or cut or- or worse as a result of that- of that proposal.
- Sasha Kergan
Person
Understood. If I may, and I won't take us back too far into the first proposal that you heard today, but to consider that the proposed California Housing and Homelessness Agency is intended to come up with an annual plan that allows us to assess the available funding to consider how to allocate it.
- Sasha Kergan
Person
That's a really important part in any year to consider the available resources at the federal, state, regional and local level. And this is a dynamic funding environment that we're in now.
- Sasha Kergan
Person
Some of the legislation that you passed with the regional housing finance authorities means we have new entities coming online thinking about how they're using their resources, and we will continue to bring all of our tools to bear. But I hear you. We will.
- Sasha Kergan
Person
It's always a process that we need to do to assess what resources are available and how to best deploy them.
- Christopher Cabaldon
Legislator
Alright. Well, we are going to leave the item open. We will take public comment as well later in the session. But I just want to emphasize, you know, that housing is the cornerstone of the state's affordability crisis.
- Christopher Cabaldon
Legislator
That for, you know, in every community, the small rural towns like the ones that I represent to the big cities, affordability on housing, the availability of housing and all of its implications for the workforce, force, for- for local- local economies, for the local little league, for everything, are incredibly profound. And I know we- the Governor and- and the Legislature share that commitment.
- Christopher Cabaldon
Legislator
But I think- But make no mistake, the Senate is going to be pushing hard to assure that we are making the appropriate investments in- in the production of housing, not simply its administration, or its accountability, but actually roofs that are affordable to more and more Californians. And to- to meet that- that need, it's a desperate one.
- Christopher Cabaldon
Legislator
And on homelessness, where- where we see signs of improvement, still significant issues on our streets. That it is- The one thing that we do know, it is not the time to stop investing, that we need to be smart. We need to hold folks accountable. We need- We need to learn. We need to deploy the best innovations and the proven practices.
- Christopher Cabaldon
Legislator
But the one thing that we know will not work is for us to- is for the State of California to walk away from the- from solutions and from the communities that are trying to solve them. So we're going to hold this open today.
- Christopher Cabaldon
Legislator
But just to reemphasize that- that this has been a core priority for the Legislature, certainly for the Senate as well, and we'll be returning to this through the coming days and weeks in the negotiations.
- Christopher Cabaldon
Legislator
All right, next we're going to proceed to item three, which is homelessness.
- Unidentified Speaker
Person
Look at me again. I tried to sit down and they were reminded me.
- Megan Tokanawa
Person
Megan Tokanawa-Block again with the Department of Finance. I'll provide a brief overview. The May revision proposes no new General Fund for homelessness programs in 2025-26 and it proposes no solutions that would red reduce current funding levels.
- Megan Tokanawa
Person
I should have mentioned regarding your recent questions that the Mayor Vision does propose allocating 200 million in Proposition 35 funds over two years for flexible housing pools, rental assistance and housing supports.
- Megan Tokanawa
Person
Flex pools help individuals with significant behavioral health conditions who are experiencing or at risk of homelessness enter and maintain stable long term housing, thereby increasing throughput along the behavioral health continuum. The Mayor Vision also retains $100 million General Fund in 2025-26 for encampment resolution Fund grants that were part of the 2024 Budget Act Homelessness package.
- Megan Tokanawa
Person
While the budget does not propose new funding for homelessness programs, funding will still be available in 2025-26 from the six prior rounds of the Homeless Housing Assistance and Prevention or HAPP grants and Encampment Resolution Fund grants.
- Megan Tokanawa
Person
We are joined by a number of representatives from agencies and departments and we are available to answer any questions the Subcommitee may have.
- Unidentified Speaker
Person
We don't have any specific comments on this. We're happy to answer any questions. But I did want to just mention you just heard from the Department of Finance about the HAP money for round six at $760 million that was appropriated in last June's budget.
- Unidentified Speaker
Person
And HCD is expected to award and distribute that money starting this summer, I believe in August.
- Unidentified Speaker
Person
So I just wanted to mention that that's funding for HAPP that locals will have in the budget year, coming from the current year budget that's just ending.
- Christopher Cabaldon
Legislator
Okay, please get that out quickly before she tries to revert it. All right, Members, Subcommitee questions or comments?
- Lola Smallwood-Cuevas
Legislator
I feel like, Mr. Chair, this has been a reoccurring theme over the last cycles of our discussions and certainly today. I guess my question just because I'm still trying to get a sense of the impact here, can you give a sense of how many. Well, let me start here.
- Lola Smallwood-Cuevas
Legislator
How will the Administration track the racial and geographic equity outcomes as we look at homelessness, particularly with the elimination. Right. Of some of the state General Fund dollars? That was a community where we saw disparities within the overall realities of our homelessness population. And when we now have made a decision to not make that investment.
- Lola Smallwood-Cuevas
Legislator
I'm really curious because that was a genocidal situation. People are dying on the streets. So my question is, how are we going to track what that looks like? Like, and you know what you, even though I hear some dollars are coming out, what will the impact be on those populations in particular?
- Unidentified Speaker
Person
Absolutely. And I think, I think if we were, you know, I don't want to speak in hypotheticals, but you know, luckily we're not in that situation. We're not going to be in an impact situation where there's the decisions proposed in this budget would have a fundamental difference on outcomes at this time. That won't last forever.
- Unidentified Speaker
Person
But for now, you know, we, the HAPP program goes to continuums of care, local big cities and all the counties. And at this point we don't have, they aren't ready to receive more funding. They're getting out the funding they have from us as quickly as they can.
- Unidentified Speaker
Person
And so they aren't in a situation of experiencing a loss, I think they would say. But we need the predictability that the funding is still coming, certainly in order to plan appropriately.
- Unidentified Speaker
Person
But in terms of impacts to the human population or those pieces, this doesn't change that we still have more than half of our HAPP1 grantees that have not fully expended their funding. Right.
- Unidentified Speaker
Person
Of the HAPP 5 money, which is the two years ago piece, we only have two awardees out of the 79 that are even ready to ask us for their second half of HAPP 5 funding. So we aren't in a place yet where the, the communities that would get this money from us are ready to receive that money from us.
- Unidentified Speaker
Person
And we still have the $760 million to award in HAPP6, which we will happily award as jurisdictions come in and make those requests for us. And they can come in early August is the application deadline.
- Unidentified Speaker
Person
But I don't foresee this year having a situation where we would have a negative people outcome as a result of not putting in additional HAPP funding because we will in this fiscal year be putting out the $760 million in HAPP6 or in this upcoming fiscal year rather.
- Unidentified Speaker
Person
And I do think it's probably also an important takeaway that, you know, over time, I think the Legislature really rightfully saw that not all these awardees are created equal. And so we are going to have awardees that don't meet their obligation and expenditure deadlines, are not going to use all of their funding.
- Unidentified Speaker
Person
And that does allow us to redeploy that funding to Our awardees, our regions that are ready, more ready for funding. So, and I will say, you know, obviously, quick spending is not necessarily quality spending.
- Unidentified Speaker
Person
We're doing a lot of work with our grantees right now, you know, which is, I think, as we've all talked about in this Committee many times, when this was going to be one time funding, you run that differently than an ongoing program.
- Unidentified Speaker
Person
And we are establishing more protocols and priorities on that spending, that, that spending really go to more impactful uses, that it really be about ending homelessness, et cetera. So, you know, we are in, we are also in a pattern of working with our grantees who have been really successful on the spend down process.
- Unidentified Speaker
Person
But we aren't seeing as many of those system performance measure changes as we'd like to be seeing to figure out, okay, what did you spend the money on? Why aren't we seeing sort of the correlations?
- Unidentified Speaker
Person
And I think that gets to your first question, which I am not ignoring, but coming back to, we built into every round of HAPP our racial equity metrics.
- Unidentified Speaker
Person
So along with those system performance metrics where we say, hey, are we seeing the impacts of the homelessness system overall that we should be seeing if we're doing this type of investment, we have that across of six metrics underlying each of those six metrics.
- Unidentified Speaker
Person
We look at race, gender, ethnicity and other and other criteria to understand a region may be seeing great gains, but not seen holistically across those impacted. And that's not a good outcome either.
- Unidentified Speaker
Person
And so grantees, we look at their system performance metrics overall, but they also make commitments and develop a racial equity plan around their particular region's situation when it comes to disproportionate impacts on race. And that's like from where they start from as well as where they're going. Right?
- Unidentified Speaker
Person
It's not a good outcome also if we're solving but for only one segment of the population or we're leaving behind one segment of the population. And so that data has gotten much better in the past few years. I'm sorry to say it took as long as it did.
- Unidentified Speaker
Person
But I think, I think everybody I speak to wants, you know, I think Senator Cabaldon has made this point many times. Like locals want to solve homelessness, they want to do the right things in their community.
- Unidentified Speaker
Person
And if we can help them see, you know, where are they making great strides, where are they falling behind, that's going to be just good information for them, not punitive and help them get to a better place. And then also we're making connections between our regional partners that we weren't before of.
- Unidentified Speaker
Person
Hey, like regional partner X, who is similar to your region, has hit these milestones. Here are the strategies they are using. Here are some connections we can make to make. You know, we have regions that are having similar problems. We can create a peer network there to help them take that, take things further as well.
- Unidentified Speaker
Person
So those are some of the ways that I'm looking at the next year. But to your point, yes, it's very important that this, not we not sleep on this and that, you know, it's part of my role to make sure we don't leave money on the table.
- Unidentified Speaker
Person
And so that means going back to all those grantees that are having a harder time and figuring out what's wrong, you know, not just taking the money but figuring out what's actually happening.
- Lola Smallwood-Cuevas
Legislator
I appreciate that because you know, I think about the Black population in LA County, it's about 6% but it's about 45% of those folks who sleep on the streets. So I often say if we could just solve what is happening in that small population, we would take a crisis to a more manageable problem.
- Lola Smallwood-Cuevas
Legislator
So if we aren't tracking that, whether we're investing or not, then we know the problem is going to be so much worse if we aren't paying attention.
- Lola Smallwood-Cuevas
Legislator
But that, and I'm glad to hear the sort of, the sense of this, at least in this year where we are not going to make the investment, we don't see those impacts.
- Lola Smallwood-Cuevas
Legislator
What about the longer term and what, what is the sort of metrics that you use to determine at what year does this become a problem and how does that warning sort of get to us in the Legislature? And I absolutely agree with the Chair, no investment in homelessness, no investment in affordable housing is deeply problematic.
- Lola Smallwood-Cuevas
Legislator
But what I'm hearing you say is that these, there's, there's some funding that is coming out. But there is a point where, you know, if you're not continuing that predictability, if folks are not able to plan for those dollars, we know the whole system begins to fall apart. So just I'm curious, what, what is that?
- Lola Smallwood-Cuevas
Legislator
How are you planning for that longer term impact and what, where do you feel we need to be absolute clear about ensuring we're continuing the investments.
- Unidentified Speaker
Person
So I think a few things that were built into statute create some visibility for us as well as for the Legislature of, you know, there are obligation deadlines where you need to have made a plan for that money and then deadlines where you need to have spent that money. I think those are good clues for us.
- Unidentified Speaker
Person
You know, if we see people not hitting those obligation deadlines or being on track to meet those obligation deadlines, that shows us, hey, we have some issues here. We need to go step in.
- Unidentified Speaker
Person
But alternatively, on the other side, if we see people, you know, really ahead on those on the spending side, you know, again, we want to make sure that that is quality spending, not just spending it fast. And we want to see that we are having those impacts.
- Unidentified Speaker
Person
But because we have a program where we have this sort of, you know, depending the region, the regions form a little bit differently, but something in the neighborhood of 70 to 80 separate awardees end up tending to happen because sometimes the regions act a little bit more independently financially.
- Unidentified Speaker
Person
But, you know, we're not seeing people move at the same pace.
- Unidentified Speaker
Person
And so I think we're going to start to see some for those that are sort of ahead, we benefit from the fact that those that are having trouble deploying that amount of funds, if deadlines are missed, that does make that funding become available to redeploy to those folks that are able to deploy that funding more quickly.
- Unidentified Speaker
Person
And we would only want to do that in the context of effective deployment, of course. But, you know, I would say. I would say probably we could help the Legislature kind of look at the numbers and you all can form your own opinions as well.
- Unidentified Speaker
Person
But certainly I don't see an impact in the next fiscal year being a problem, given that we are still seeing people work on spending back to three years at this point.
- Lola Smallwood-Cuevas
Legislator
No, and I want to say it's for the unpredictability of our federal realities, the unpredictable nature now of our tariffs and on industries. And we see there are already signals of layoffs happening in communities. And if you lose your job in Los Angeles County, you are on the street. There's. There's no if, ands or buts about that.
- Lola Smallwood-Cuevas
Legislator
And I think we have this sort of great sort of data analysis and projection framework. But we also know these external pressures are real. And again, you know, in order for our regions to be prepared, there's got to be some commitment of the resources should things escalate to a point where we will need to marshal additional resources.
- Lola Smallwood-Cuevas
Legislator
We want to make sure that backfill is there. So I appreciate the analysis and understanding that we're okay this fiscal year, but also very mindful of the hell that is breaking loose all around us.
- Lola Smallwood-Cuevas
Legislator
And how do we ensure that we have dollars in place place so that again, we don't lose ground on the investments that we've made and we continue, you know, the improvement, you know, when we are at 33% and the rest of the nation is at 18%, that is improvement.
- Lola Smallwood-Cuevas
Legislator
We don't want that to fall behind because we know who's most impacted. So I appreciate the presentation. I think the concerns about the lack of investment remain, particularly given the precarious nature of our state in the national framework.
- Roger Niello
Legislator
One of the criticisms certainly from me and I think complaints from local governments about the administration's approach toward funding is that it's one year at a time. So we have substantial sums of money from prior allocations that have not been deployed. To what extent do you think that could be?
- Roger Niello
Legislator
One of the criticisms certainly from me and I think complaints from local governments about the administration's approach toward funding is that it's one year at a time. So we have substantial sums of money from prior allocations that have not been deployed. To what extent do you think that could be?
- Roger Niello
Legislator
Because the local governments don't know what's going to come later. And this situation is complex and requires solutions that go beyond a 12 month period. So what's the point of starting a program when you don't know whether or not it's going to be funded subsequently?
- Roger Niello
Legislator
And this budget is proving perhaps a perception that it indeed will not be funded beyond that.
- Unidentified Speaker
Person
I think that's a really fair comment. I think it is. Part of how we've tried to change our approach with the grantees is really encouraging the use of things like capitalized operating reserves. You know, yes, this might come out in one year, but you can obligate that funding over a five year.
- Unidentified Speaker
Person
You can over, over the entire grant term, right? So about a five year period. So you can take one year's worth of money and plan that out over five years and that would show as fully obligated under you're reporting to us. So we'd feel pretty good about that, right?
- Unidentified Speaker
Person
We'd say like, look, you took this and you said we want to have a plan in advance and you can create, spread that money out in a responsible sort of predictable way through one contract instead of having to like year over year make a new contract with this provider. Right. Like to redo a contract every year.
- Unidentified Speaker
Person
Like some of the grantees were already doing that of course. Right. But not everybody. Some people were really doing a new contract every year for things and, but this money is, can last for five years or we give you a five year grant term.
- Unidentified Speaker
Person
And so really trying to encourage grantees to think about this over a longer term plan. But yes, to your point, some of the unexpended money is on purpose, right. It's meant to, you want to spend it the last possible, you want to stretch it as far as you can. But so I think that is why?
- Unidentified Speaker
Person
The obligation metric I think is a little bit more important for us of like, have you actually planned out where this money is going over the long term?
- Unidentified Speaker
Person
And then to your point about the predictability piece, we are trying to embed that a lot more into the regional plans that they give us as well to like think through how state money would be paired with local state sources as well as things like the permanent local housing allocation funding.
- Unidentified Speaker
Person
So you know, every city and county in the state has access to money through the Building Homes and Jobs act every year, but not every jurisdiction currently uses all of those funds.
- Unidentified Speaker
Person
So like really trying to make sure everybody's tracking the ongoing funds that are going to be available and then thinking about how these funds can be stretched over turn one year into five years. And then yes, our hope is we do, we do have, you know, are able to keep putting state money into homelessness.
- Unidentified Speaker
Person
But right now we aren't doing that in sort of a year of like we're doing it when we have that extra funding available. And but there are some programs that do have been put into statute as annualized. So the permanent local housing allocation is something everybody has access to year over year, ongoing through the document recording fee.
- Unidentified Speaker
Person
So we want to make sure we call attention to those ongoing sources that do exist as well, make sure they're being fully utilized as well as things like the behavioral health funding, Behavioral Health Services act funding and those other resources as well.
- Roger Niello
Legislator
Your implied strategy on the part of local governments to the state provides a single tranche of funding and then the local government has to impose its own plan, if you will, to convert that to multiple year funding.
- Roger Niello
Legislator
That presumes that the amount allocated up front is sufficient to provide pursue a particular program on an ongoing basis, still not knowing whether there's funding beyond that. So I'd have to challenge that as being. It's not really, it's not much of a partnership between the state and local government.
- Roger Niello
Legislator
The role of the state in my opinion, as opposed to specifying specific programs which was done for several years, 30 plus programs that the state defined and counties had to implement them in that fashion, suggesting that the problem in Los Angeles and Modoc are pretty much the same, which they're not.
- Roger Niello
Legislator
And so in my opinion, the role of the state is to provide resources to local governments, well, counties specifically for health and human services programs. Counties have always been the health and human service providers. It has changed with homelessness.
- Roger Niello
Legislator
But the role of the county in that model is to provide resources to local governments to pursue what's going to work for them and oversight. And the role of counties in that model is to define design programs that address the unique problems that each county has that's different than others.
- Roger Niello
Legislator
And some counties will have more success than others and the others can learn by the sum. We've sort of abandoned that model of health and human service plan provision with homelessness, and I think that's contributed to the continued rise. CSAC has proposed some intent language and I don't know where it is.
- Roger Niello
Legislator
I thought it was provided to the county, but it's just intent program to condense to establish a pilot program that coalition of counties could establish to be implemented in a few counties with funding for that to be discussed in the next budget cycle. 26-27. Now we have bigger problems in 26-27 than we do in 25-26 and beyond.
- Roger Niello
Legislator
So that funding is obviously challenged. But it at least gets to the notion that the state will Fund counties to do things that counties think that they need to do to solve their problems and oversee that. Accountability is still important to oversee that. But counties implement what they think is going to work work for their particular county.
- Roger Niello
Legislator
This would tend to get back to that. I don't know. I thought that CSAC had submitted this to the Committee. Maybe they submitted it actually to the Budget Committee, Senator Wiener's office.
- Roger Niello
Legislator
But it is just intent language at this point and gets at the concept that I'm talking about about how the state has always implemented and managed health and human services in California in years past, quite different than we've been doing for homelessness, as I explained.
- Roger Niello
Legislator
So I'm not sure how we catch up with this, but maybe we can talk about it subsequently.
- Christopher Cabaldon
Legislator
Thank you, Senator Niello. Appreciate that. I haven't seen the language other than you just showed it to me, but I know there have been substantial conversations going on with the, with the counties, with others.
- Christopher Cabaldon
Legislator
I know Senator Blakespear has been deeply involved in those as well, in part because in the January budget, the Governor in the narrative invited a conversation about this, indicating that although he wasn't including money for HAPP for the homeless for homeless programs in the budget, that he understood it was a legislative priority and that it was was important to him that we develop a tighter accountability about how the dollars are being spent.
- Christopher Cabaldon
Legislator
That's not mentioned again in the May revise, which. But it's not erased either. Can you share with us any insights about the governor's view of homelessness, accountability and funding given the difference between the January and the May narratives?
- Megan Tokanawa
Person
Certainly, Senator, you're correct that no additional funding has been proposed, in part because the budget condition has worsened significantly. From the Governor's Budget to the May revision, we're now facing a $12 billion deficit solved in part by $12 billion of solutions.
- Megan Tokanawa
Person
But to the extent that future funding for homelessness is proposed, the accountability component would certainly be part of those conversations.
- Christopher Cabaldon
Legislator
This is repeatedly in the top one or three concerns of Californians. And we although, you know, I know, I read the press reports and the statements out of this building and elsewhere about how we've spent so much money on homelessness and what do we have to show for it?
- Christopher Cabaldon
Legislator
I mean, the reality is it's an infinitesimal amount of our budget that we have been devoting to combating homelessness. It's been a new budget allocation. So it feels like a big, big deal here.
- Christopher Cabaldon
Legislator
But compared to every other element of the budget, which are not the top concerns or a sense of crisis among the people, it's not that much money.
- Christopher Cabaldon
Legislator
And we've done it with the sort of very strange notion that if we just put $1.0 billion out there and we expect the problem to just be erased a year later, like it's just going to be over. We don't do that with crime or environmental protection or low reading scores.
- Christopher Cabaldon
Legislator
Like we know we have to keep, we have to keep up the work on an ongoing basis. So just the very so yes, I think the big challenge here is that we don't have any money in the budget for the homelessness program.
- Christopher Cabaldon
Legislator
But the more fundamental one is it should not be a year to year funding decision that is now a core part of our budget is the public expects, and they are right, that it is a fundamental state responsibility in partnership with the local agencies.
- Christopher Cabaldon
Legislator
So and it is important for the effectiveness of those programs for the reasons that we've talked about.
- Christopher Cabaldon
Legislator
Imagine you're the City of Vallejo and you're trying to hire a homeless outreach worker and you can't make an offer of permanent employment like you would for any other job in city government because you don't know whether there's going to be any money the year after that.
- Christopher Cabaldon
Legislator
And as both Senators, both of my colleagues have been noted, and then you have a front page headline that says the state's spending zero this coming year. So even if you wanted to ask your City Council to approve it, the City Council would rightly say, but how can we sustain that over time?
- Christopher Cabaldon
Legislator
So you end up contracting out or you look to volunteers, or you ask the Rotary Club to help you do anything that you can because the need is still there. And then we say, well, you're not spending the money, but it's because you can't. There's not that you want to spend resources effectively.
- Christopher Cabaldon
Legislator
And if the effective need here is for, is for a social worker or for somebody to work on encampment resolution or it's to build a shelter or permanent supportive housing. But those projects require this like, complex web of funding streams that we've talked about before.
- Christopher Cabaldon
Legislator
And you need to know the first money that you have in order to go get the other money. And if that money is, if that first source is uncertain, that the state will be back in the game. You just can't.
- Christopher Cabaldon
Legislator
And so I think it's, you know, when we say, well, people haven't spent their money and I get, I get it, but I also, having come from local government, understand why you wouldn't, why you wouldn't spend your money.
- Christopher Cabaldon
Legislator
And I look at my, you know, my constituents in Rohner park and they're, you know, they're right on the leading edge trying to do everything that they can. And, but they're constantly, every week they call.
- Christopher Cabaldon
Legislator
Is it, you know, the money that we already is, the money for homekey that we got, is that, is that going to be taken away? And it's not. Let me just be clear. Those monies are out there. They have been appropriate, they've been awarded, they've been, you're starting the project. It's not going to be.
- Christopher Cabaldon
Legislator
But, but when, you know, even the most sophisticated of cities say, I'm just not sure. Are you taking all my money away? I can't even do the projects I had. It does not induce the sort of partnership that we need. So I'm, I agree with the Governor on accountability.
- Christopher Cabaldon
Legislator
I think we need, we now that we're now, you know, six or seven cycles into this, that we should have a tighter process, that cities and counties directly should be more responsible and more accountable for those dollars.
- Christopher Cabaldon
Legislator
And we've created a much more byzantine process at the local level and we should have quantitative metrics that we are assessing towards and all of that. So all of that is true.
- Christopher Cabaldon
Legislator
We haven't had the kind of conversations over the last several months that we should have in the coming, I hope we will have in the coming days about this because it is such a fundamental priority for the people of California and they are right and we need to make this a permanent program or some form of it improved in the ways that the Governor has said and that many of our colleagues have said as well.
- Christopher Cabaldon
Legislator
But we do know that we are turning the corner in some ways at least they're hopeful indicators. But those are because of the investments that we have made, the systems that we're building, the shelter and the housing and the services that we are delivering on the streets with these dollars.
- Christopher Cabaldon
Legislator
And the last thing we should be doing is stepping away. So we're going to hold this item open as well for the continued work. Appreciate both the Department, both departments and their presentations are in their words today. But we definitely need, we've got work to do on this item as well. Okay.
- Christopher Cabaldon
Legislator
We've completed just under a third of our items, but I don't want to, I don't want us to believe that we're going to be here fortnight. That means we'll be here for six more hours. Those were some of our biggest items in many ways.
- Christopher Cabaldon
Legislator
We still have some big ones coming, but those were a lot of our big ones all in a row. So now we're. So if you're here on a small item, don't think we're going to grill you for 45 minutes. We will not.
- Christopher Cabaldon
Legislator
So we're going to proceed to item four, which is the Governor's Office of Land Use and Climate Innovation may revise proposals. All right. Department of Finance, are you leading us off?
- Lizzie Erie
Person
Hi. Good morning, Lizzie Erie, Department of Finance. We're actually going to have the Department. Give a brief overview.
- Will Robinson
Person
Good morning, Chair and Committee Members. My name is Will Robinson. I'm the Legislative Director of the Governor's Office of Land Use and Climate Innovation. We have a number of items before you all here in the May revision, including the January. Excuse me.
- Will Robinson
Person
The governor's January budget proposed a transfer of the the California Education Learning Lab to the Government operations Agency. The May revision instead proposes the elimination of the program over two years.
- Will Robinson
Person
This program maintains $250,000 General Fund in one position for one additional year in 25-26 to manage the phasing out of the program and then reduces 5.3 million General Fund in 25-26 and 4 million in one position in 26-27 and ongoing, fully eliminating the the program in 2026-27.
- Will Robinson
Person
The May revision additionally proposes the adoption of trailer Bill Language authorizing technical changes to allow LCI to define how General plan annual progress reports are submitted through the establishment of standards forms and definitions in order to allow for the submittal to be consistent and easily accessible.
- Will Robinson
Person
Also, the May revision proposes the adoption of trailer Bill Language authorizing technical which will allow LCI to update the definition of vulnerable communities for the purposes of the Integrated Climate Adaptation and Resilience Program, as opposed to being tied to a static statutory definition linked to a previous version of that excuse me, of the Climate Adaptation Resiliency Programs Resource Guide.
- Will Robinson
Person
We also have a number of technical adjustments and I will defer to my colleague here.
- Vivian Hsu
Person
Good morning. Vivian Hsu, Assistant Deputy Director of Administration we have in the Governor's May revision we seek modifications in hiring authority related to the Climate Bond.
- Vivian Hsu
Person
This includes two positions for the Extreme Heat and Community Resilience Program and two positions for the Community Resilience Center Program, as well as a modification to move up 500,000 in technical assistance funding for the Transformative Climate communities program from 26-27 to 25-26.
- Vivian Hsu
Person
We also have various additional technical adjustments, including 3.35 million ongoing reimbursement authority to provide administrative support to the newly established Governor's Office of Service and Community Engagement, 2.9 million Federal Trust Fund Authority to support the work of the Military Affairs Team and encumbrance extension for the sequent project funding through June 302027.
- Rachel Ehlers
Person
Good morning. Rachel Ehlers with the Legislative Analyst Office. We only have comments on one of the proposals from LCI. The rest we reviewed and didn't have any concerns regarding the elimination of the California Education Learning Lab program.
- Courtney Massengale
Person
Courtney Massengale, Department of Finance. We have nothing to add, but we're available for questions.
- Rachel Ehlers
Person
We think that this makes sense and recommend approval. These functions are already being undertaken by other segments of the higher ed system. However, we'd also recommend that you go a little bit further and also eliminate the 250,000 in General Fund that the Administration is proposing leaving for an additional year.
- Rachel Ehlers
Person
This would Fund a staff Member for a program that no longer exists. We haven't seen evidence that they need additional staff to wind down. If you eventually get that evidence and are satisfied, maybe leaving some funding for a partial year.
- Rachel Ehlers
Person
But to Fund a full staff Member for an entire year to wind down a program that doesn't exist, given the other really significant budget reductions you're looking at across the budget and the shortfall in General Fund, we'd recommend eliminating the full program in the budget year. Thank you.
- Christopher Cabaldon
Legislator
So that program makes grants to usually to collaboratives of faculty and others that are, that have timelines that don't necessarily match the budget Act. And so the without anybody on board who is receiving the progress reports, evaluations, the accountability that are baked into those grants.
- Rachel Ehlers
Person
So we asked for that information from the Department and the responses we got was, didn't have any of that detail of kind of how many grants, what the remaining activities would be. We heard that the Department needed a quote, unquote, soft landing.
- Rachel Ehlers
Person
So again, I think we would argue that if you do see evidence and the Department is able to provide many grants, this is the timeline, this is what we need, then some partial year funding might be justified.
- Rachel Ehlers
Person
But a full year for a program that has already been eliminated and the grants were given in the prior year didn't seem justified to us given the other choices before you. So again, if that information is still forthcoming, there could be some argument for some funding.
- Rachel Ehlers
Person
We haven't seen it yet in the short timeline that we had to review the mayor vision.
- Christopher Cabaldon
Legislator
All right. I was the chair of the board for this program and it sits pretty far afield from the main office. So I'm not surprised. But it's. But those awards are for people to do work and produce results, work that's not done by the institutions themselves.
- Christopher Cabaldon
Legislator
But so it's just not clear to me if they're, I mean, the grantees are still obligated to perform the work and to report and to provide their evaluations and what have you. That if. That how we can assure that they are doing that if they're. So the ending the program to me means we're not making new grants.
- Christopher Cabaldon
Legislator
But I. But some. But the still. Grant management is still necessary while during the life of those grants in some form. And unfortunately, because that office doesn't sit inside the core of Go Lucky, it doesn't. There's no one else in there to do that, as I'm aware.
- Christopher Cabaldon
Legislator
So in terms of the year, to me it's not about the soft landing, it's about making sure that we're able to execute on the obligations of the grants themselves. All right. Questions or comments from Members of the Subcommitee on this whole set of items? Senator Niello? Just two.
- Christopher Cabaldon
Legislator
So the TCC, sorry, the Transformative Climate Communities piece, that's a. A move of money from 26-27 to 25-26. Are we shifting. Is there not enough money in 25-26? Are we shifting that money from 25-26 back into the General Fund? What's going on here?
- Unidentified Speaker
Person
There currently is no funding allocated for TCC in 25-26. So it's shifting the. The funding up to ensure a sooner program delivery.
- Christopher Cabaldon
Legislator
Okay. We appropriate something for 26-27, but not anything for 25-26.
- Unidentified Speaker
Person
Apologies. As part of the Governor's Budget climate bond expenditure plan, we had program funding in 26-27 for TCC. So this simply allocates the funding in the budget year rather than delaying to budget year plus one.
- Christopher Cabaldon
Legislator
Understood. Thank you. And then the. The reimbursement for Go Serve. We still. Just a note. We still have. The Subcommitee rejected the proposal for the new initiative for Goserve. And then we still have open the proposal for the. For making Goserve. For augmenting Goserve and making it a permanent appropriation. Just to. Just to note that.
- Christopher Cabaldon
Legislator
Am I correct? Yeah. The college. The College Corps piece. Sorry. Of GoServ itself. Okay. Okay. If there's no further questions, then. Thank you. We're going to hold this item open as well General Fund implications and proceed to item five, which is the Civil Rights Department may revision proposals.
- Mary Weed
Person
Good morning. Hope everybody's doing well. My name is Mary Weed. I'm the Chief Deputy Director of the Civil Rights Department and I'm here for two requests today. The first is reinstatement of previously approved funding and position authority for eight positions and 1.7 million to support the housing equity outreach and and enforcement programs.
- Mary Weed
Person
Due to a technical error in the 2122 budget. The resources were coded as a limited term. This request corrects that error. Shall I roll into the second one or okay. The second request is to extend the exemption language for contract funding used for CRD's California vs. Hate initiative specifically for the 211 hotline.
- Mary Weed
Person
Senate Bill 170 from the 2122 session amended Section 1957 and included exemption language. Contract exemptions are included in the budget for a number of one time funded initiatives like California versus Hate, presumably to facilitate their effective and efficient operation. To ensure that the California vs.
- Mary Weed
Person
Hate initiative can operate efficiently without interruption leveraging the infrastructure built over the last three years, CRD requests that the 25 Budget act include exemption language not being subject to the normal competitive bid processing, not being subject to DGS approval and contact services for this one time period of July 1st, 25th through June 26th.
- Mary Weed
Person
This program is limited in duration with only one year left. We can't predict when a hate crime incident will happen, but when it does, the Department needs the ability to deploy resources into communities when needed.
- Mary Weed
Person
If we need to create a new service or expand on a current service within 211, the exemption language gives us the ability to react nimbly for contract amendments. The Legislature recognized this when the exemption was granted.
- Mary Weed
Person
CRD successfully established California vs Haight phone line to report hate crimes or to speak to a CARE coordinator through the contract with 211 LA. CRD also has an external website that interfaces directly with the 211 portal so that individuals may report hate crimes or seek support seamlessly.
- Mary Weed
Person
Based on the initial contract procurement process and CRD's experience over the last two to three years, 211la is the only vendor who can meet the requirement. Due to the limited time frame of this funding, 211la has the established infrastructure and resources to continue to provide this critical service for the proposed one year term.
- Mary Weed
Person
This exemption has been essential for CRD's ability to swiftly and efficiently implement the California vs. Hate initiative through contracts with highly trained professionals who offer specialized, trauma informed and culturally competent services to California's experiencing hate violence.
- Allison Hewitt
Person
Allison Hewitt, Department of Finance I think you'll hear some considerations presented by my colleague from the LAO. I think just to reiterate that this is a one time program. This is a tool. A contract exemption is a tool. It's used in other places across the budget when we need to get funding on the ground quickly.
- Allison Hewitt
Person
Without the exemption, there may be that this program can't continue. On July 1st, so.
- Paul Steenhausen
Person
Paul Steenhausen again with the Analyst's office. We don't have any issue with the first item you just heard issue on the technical Correction providing the $1.7 million ongoing for date positions. It is just correcting a technical error made in the past with regard to the contract exemption proposal in the May revision.
- Paul Steenhausen
Person
As the agenda notes, the Subcommitee just a couple weeks ago voted to approve the Governor's Budget proposal to provide $2.41 million, 1 time for the California versus Hate resource line. So it's that line has been operating for a couple years now and it would run out otherwise. It would just close down by the end of June.
- Paul Steenhausen
Person
But with the Legislature and this Subcommittee's interest in funding it for another year, it would continue. There's something to note though on this contract exemption.
- Paul Steenhausen
Person
You know, from a public policy standpoint, having a competitive bid process really is preferable to just renewing an existing contract with a vendor, especially when that vendor was selected through a non bid process a few years ago.
- Paul Steenhausen
Person
I think especially you could say for the Civil Rights Department, which is part of its mission is to protect against discrimination with state funds and, and in other areas. And so a little bit awkward I think for we think for the Civil Rights Department to do this.
- Paul Steenhausen
Person
We do understand this is one time money, but if the Legislature were interested in continuing this in the out years, especially if there is more money in the out years and you want to continue this, something you might think about doing is signaling to the civil rights Department to start a process to identify if there are other potential vendors interested in this.
- Paul Steenhausen
Person
So you can so the Legislature is not put in this place again next year if there's a proposal to provide funding and then the Department says, well we need a contract exemption or otherwise, you know, we're not going to be able to provide the service because of how long it takes to do the contract process in this state.
- Paul Steenhausen
Person
So just some things for the Legislature to think about with this initiative and how the bid process works. Thank you.
- Christopher Cabaldon
Legislator
Thank you Members of the Subcommitee. Questions or comments? Senator Niello. Thank you, Mr.
- Roger Niello
Legislator
Chair. I think the LAO raises some valid points, but it's strange for this to come up with the May revise. Is this all of a sudden realized what was the situation in January?
- Mary Weed
Person
So we didn't receive approval for the money until the January process and so we couldn't start a contract process until we knew we were going to have the one year of funding secured.
- Mary Weed
Person
So it was the Let me grab that. The governor's January 2025 budget requested the 2.4 million in one time 2025 General Fund to extend California versus Hate resource for one additional year.
- Roger Niello
Legislator
That wasn't approved, though. That's part of the that budget hasn't been approved yet. Seemed to me that, well, first of all, I don't agree with the request. But if you knew that situation then that was going to create a problem in contracting that quickly, why didn't you.
- Mary Weed
Person
Correct. And we could have asked for the exemption process and I think that that could have been an oversight, but here we sit with funding and needing to extend contract services that are already in place.
- Roger Niello
Legislator
Mr. Chair, there's a few items in here, not just this, but our May revised corrections that were circumstances known in January. There's a few of those in here. Pardon my language here. It's just kind of sloppy.
- Allison Hewitt
Person
I just wouldn't concede timing is not ideal. But this is ultimately what's needed for the program to continue, which I think is a shared priority for the Administration and the Legislature, having approved the funding in a prior Subcommitee hearing.
- Roger Niello
Legislator
Just to add quickly, a surefire way to get an exception around a state approved bidding process is to wait until the last minute and say I've got to do this or the program's going to go away.
- Lola Smallwood-Cuevas
Legislator
Was curious about the question about how the request came about. So thank you for, for answering that. I do want to get a little more detail on the potential disruption that you anticipate if, you know, we're not able to move this hotline contract in an expeditious way. What the impacts will look like.
- Lola Smallwood-Cuevas
Legislator
I hate to say it, but I do keep reading the news out of Washington and it never ceases to amaze.
- Lola Smallwood-Cuevas
Legislator
Just recently we saw sort of a welcome wagon rolled out in refugee status offered to South Africaners who are coming back who have been very vocal in their disrespect of diversity and inclusion and equity and some of some harmful things being said about our citizens and populations here.
- Lola Smallwood-Cuevas
Legislator
So we know we're in a moment where hate is manifesting in ways we could not have imagined and that our public resources are, as a country are being used to facilitate that violence and particularly racial violence against our citizens and residents.
- Lola Smallwood-Cuevas
Legislator
And so, yeah, I'm just curious about what are the potential service disruptions here and how important it is for us to quickly ensure that we have some mechanisms for at least for the residents of California to report these incidents in real time and to have resources that they can quickly access.
- Mary Weed
Person
So there's a couple different examples of what service disruption could look like. So the first is the existing contract with 211la and the competitive, non competitive bid process.
- Mary Weed
Person
And the competitive bid process puts us longer out in the fiscal year when the funding is only going until June 30th of 2026, so that both processes take somewhere between eight months to a year to recognize the full extent of a new contract. The second part of that is the existing contract.
- Mary Weed
Person
We only can administer what's in the four contracts, four corners of the contract, and if any hate crime occurred, where we nimbly had to adjust the services that we deploy citizens of California, and we needed to make a quick amendment. This exemption language is crucial for us to be able to make amendments to existing contract language.
- Mary Weed
Person
Because if, again, as I said, if we were to try to make an amendment through a competitive or non competitive bid process, we're looking at way longer than when we need to deploy the resources.
- Lola Smallwood-Cuevas
Legislator
Another question, does CRD anticipate needing additional resources? And I appreciate Senator Nilo's point or positions beyond this correction in the incoming fiscal year.
- Lola Smallwood-Cuevas
Legislator
Again, one of my concerns about this Department is that it is punching too far above its weight in terms of the resources that it has to address the growing need of defending the civil rights of Californians in every sector, whether it be anti black violence, whether it be API hate, whether it be against immigrant communities.
- Lola Smallwood-Cuevas
Legislator
So, you know, how are you, what is the ongoing process? Do we anticipate additional cost? And you know, how are you evaluating the resources that are really that are needed to adequately protect Californians in this unprecedented time and moment?
- Mary Weed
Person
I would say to answer the question about the current situation for the one fiscal year, no, we would not need any additional money. We're just requesting the exemption language to be able to run this efficiently and effectively. Ongoing. I think that's a really good question.
- Mary Weed
Person
I mean, I would hope California versus Hate in the future is something that is an ongoing program for the citizens of California. I think it's just vital, especially with what's going on. I think that's something that Director Kish and I are discussing now on what our ongoing need for this program.
- Mary Weed
Person
And we do see that the importance of it and that the functions and the services that are provided are very important, especially now. And I can't speak for future, but I think for this particular period of time is what we're asking the exemption for. As far as the program goes, we're still evaluating how we go forward.
- Mary Weed
Person
Your second part of that question was how do we evaluate the program? And we do. Were contracted with a University to look at the results of the program. And so far, if you'd like me to give you just a few slides, stats. 63% of the recipients found that the support was helpful in recovering from hate incidences.
- Mary Weed
Person
80% received services in their preferred language, which just shows that California vs Hate LA is doing what they need to do and getting the help to the people that need it in a language that they understand and can relate to. 75% reported positive feedback regarding care coordination. And we've received thousands of contacts.
- Mary Weed
Person
And in the first year, the report is over 100 formal reports of hate in the first year. So people are getting great service, we're getting really good feedback and we are quantifying the services that are being provided.
- Christopher Cabaldon
Legislator
All right, So I share Mr. Steenhausen's concern about no bid contracting, and I think it's well taken. And the Department and Department of Finance have both acknowledged that perhaps we might have handled this a little bit differently. That's good enough for me. I mean, we need to keep the program going.
- Christopher Cabaldon
Legislator
Like Senator Niello, I've never met a program direct, a Department Director or agency secretary that wouldn't want to have this kind of authority all the time.
- Christopher Cabaldon
Legislator
But at this point, I mean, it's, you know, as you were talking and describing, well, if we didn't do this, then, you know, it would be six months, a year or whatever until we complete the contract.
- Christopher Cabaldon
Legislator
So not with respect to this Department, but it is as we're continuing to look at the efficiency and the effectiveness of state government that, you know, our continued work on contracting and procurement so that we can be more nimble and more effective in our work and so that we're not pressed with either we're not going to open it up at all or we're going to spend the next year of our lives doing that.
- Christopher Cabaldon
Legislator
That there's got to be something in between and that's more effective. That's not for CRD to figure out. Maybe not even for us, but certainly for the state government as a whole. So I'm supportive of moving forward. That is a critical program at a critical time in this.
- Christopher Cabaldon
Legislator
And given that we've the Committee, I should emphasize the Committee, we did already approve the Governor's Budget propos proposal from January. That. That said, I do want to emphasize all of the things that we approved up to the May revise are will will be on the table. So there as this call agree was happening.
- Christopher Cabaldon
Legislator
Please don't no Department should be spending next year's money until the budget is signed, sealed and delivered. Because with the May revision, the General Fund condition is is does not, will not allow likely that every single thing that evening that we have approved already will be able to stay.
- Christopher Cabaldon
Legislator
And so we're going to have to continue that work. But hopefully, fingers crossed, we'll be able to protect this important program. So thank you. Now we'll move to item we've already completed item six, so we'll proceed to item seven, which is we are we're halfway done basically. And so the animal and health, human health emergency infrastructure.
- Karen Ross
Person
Good morning. Karen Ross, I'm secretary of the California Department of Food and Agriculture. And first of all, I want to tell you how much I appreciate what a challenging year this is going to be and the time and the thoughtfulness that you're putting into this.
- Karen Ross
Person
And I am here to present a request for General funds in probably the worst year possible. And I recognize that, but if it weren't important, I wouldn't and I wouldn't be here and would not have worked so hard with my staff to make this particular request.
- Karen Ross
Person
This is a multi year proposal for a reinvestment in our California animal and human health emergency response infrastructure. It is $6 million in General Fund for the 25, 26 year, 5.4 million for 26, 27 and 5.3 for 27-28 and ongoing. It would actually increase our baseline funding and position authority going forward.
- Karen Ross
Person
And I want to give you some context for why this is so important and why it is necessary to ask for these dollars at this particular time. This will allow our animal health division and I have with me Dr. Annette Jones, who is our state veterinarian and has been for almost three decades.
- Karen Ross
Person
And we've been through a lot of animal health outbreaks over the years that I've been at the Department. But this past year was an extraordinary one. 2024 was yet another outbreak of Avian Influenza, which we've had in California in small cases, primarily in poultry. That's where it's happened.
- Karen Ross
Person
And through that process we've learned that it is vectored by our wild bird population. And we're all very proud of the fact that we're the home, the flyway of the Pacific Flyway. But what happened in 2024 was extraordinary because this is when we saw it go from one species to another into our dairy herds.
- Karen Ross
Person
At the present time we have had over 770 cases in our dairies and 73 cases in our poultry. We have 150 herds that are still in quarantine. But what was also extraordinary about this past year is that we saw 27 states have poultry and or dairy herd infestations compared to 21 the year before.
- Karen Ross
Person
So the numbers are increasing because it is vectored by a wild bird population. Some of the diseases that we have to face are also as a result of international trade and just the movement of animals.
- Karen Ross
Person
Right now we have New World screwworm, which is a disease eating, flesh eating disease in Mexico and it has crossed the border but sent back home. But it's very close to home because it's going from Mexico into New Mexico and into Texas. We have foot and mouth disease in Eastern Europe with some new finds over there.
- Karen Ross
Person
And these are zoonotic diseases that could easily cross into the human population. And that was the other thing we saw last year for the first time that I'm aware of actually having. Some were dairy workers and then there were several cases of people that it might have been a wild bird or they had a backyard flock.
- Karen Ross
Person
But to some see that cross into human population is why a one health approach is so critically important.
- Karen Ross
Person
What this would actually do is allow us to really upgrade and invest in making sure that we're equipped to be able to respond with the information that we need, that we've been able to conduct the research, to analyze all the data points that we have, and to be able to make sure that we have our own capacity with regard to epidemiology, emergency response and planning and risk assessment to be able to know where we need to pre deploy the assets that we need.
- Karen Ross
Person
A1 health coordinator so we can work even more closely with our partners at the California Department of Public Health, which is absolutely vital to the work that we do. Data analytics to again really understand what is happening in real time as quickly as we possibly can. That is what the meaning of real time population is right there.
- Karen Ross
Person
Biosecurity planning, outreach, training and auditing to make sure that we are doing all that we can to prevent re infestations and any ways that we can close those pathways that are allowing the virus to be a part of that poultry or that dairy population.
- Karen Ross
Person
Bulk milk tank surveillance testing is something we have implemented as a result of this that adds more people, more diagnostics, more lab capacity to all of that. And also as a result of it was cats mostly, but dogs Raw food, pet food testing, which also became another pathway for this virus.
- Karen Ross
Person
There's also always the legal and the administrative support that goes on with that. I also want to note that the BCP, it also includes $5 million in federal Fund authority. And I do want to clarify that that federal Fund authority, when we're in an outbreak together we work very closely with the United States Department of Agriculture.
- Karen Ross
Person
What we saw in this last year because of so many states being affected concurrently, the strain on staff, moving staff around that it really underscored, and California is the number one dairy state and a very important contributor to poultry for eggs as well as for broilers, that we could have used additional expertise, additional capacity and the continuity of people that are trained up on the most recent findings and research and all of the literature that becomes available during the MIPS of these fines.
- Karen Ross
Person
I will also say that the authority with USDA is only about reimbursing the state under a contractual agreement for the specific disaster response and the overtime and the personnel that's involved in that.
- Karen Ross
Person
It would not Fund this type of an investment to make sure that California itself has improved and invested in the capacity to be able to respond as quickly as we can, as effectively as we can.
- Karen Ross
Person
It's also coming at a time, as transitions happen in Federal Governments, just as they do in state governments, at a time where there's a lot of turmoil right now with new proposals in the budget, some pretty deep cuts across many aspects of the United States Department of Agriculture.
- Karen Ross
Person
But the one that has really captured my attention and yet to be determined what the long term impact will be is out of almost 1400 employees with the Animal and Plant Health Inspection Services, 400 have left their positions.
- Karen Ross
Person
And these are 400 people in veterinary services where that animal health expertise, that deep understanding of one health, could really create some gaps that I don't think we as a state that this number one agricultural state and the potential threat to human health want to not address if we possibly.
- Karen Ross
Person
I have my state veterinarian here to also answer questions when you're ready for that. Thank you. Thanks for your attention.
- Aaron Carson
Person
Aaron Carson, Department of Finance. Nothing to add this time, but happy. To answer any questions.
- Frank Jimenez
Person
Legislative Analyst Office Good morning. Mr. Chair and Committee Members. Frank Jimenez with the Legislative Analyst Office. As the Department mentioned, the proposal before you includes General Fund 6 million in the budget year and 5 million ongoing after that. It also includes Federal Fund Authority, $5 million ongoing.
- Frank Jimenez
Person
While we find that the proposal could have some public benefits in light of Recent budget conditions. We recommend that the Legislature modify this proposal by rejecting the General Fund portion and approving the ongoing federal Fund component. It's our understanding that the state funds aren't needed to draw down the federal dollars.
- Frank Jimenez
Person
And while this would have would reduce the capacity of the Department relative to the activities it's proposing with the federal funds, it would still augment the state's ability to monitor and detect animal disease outbreaks. With the federal funds alone, that would represent a 33% increase in this program's particular budget. I'm happy to take any questions.
- Christopher Cabaldon
Legislator
All right. And maybe I can ask. This is a fairly substantial proposal to be seeing in May. And I know you mentioned 2024 was a particularly acute year. Is there. Is that what's the reason why we're seeing it in May and it was not in the governor's January budget?
- Karen Ross
Person
It is because we were in the midst. We were in the very depths of the situation at that time. And so all of the staff was in the field when the PCBs were due. And so we were asked to hold this for May revised to.
- Karen Ross
Person
To make sure that we had some time to really be thoughtful in the proposal that we made. I do need to clarify for LAO that the dollars from the federal Fund are not available unless it's contract in the midst of disaster response.
- Unidentified Speaker
Person
Right. So they don't pay for the actual. Those costs that we recover from USDA don't cover the cost of the actual infrastructure needed to response. But when we need things like contracts for disposal of animals, for porta potties, for overtime, that's what that $5 million covers, not the actual response.
- Unidentified Speaker
Person
So if this isn't funded, the response would not be able to happen.
- Roger Niello
Legislator
Members of the Subcommitee, questions or comments? Senator Smallwood Cuevas. So what you're saying is that.
- Lola Smallwood-Cuevas
Legislator
He said Senator Smallwood Cuevas. So you're channeling.
- Roger Niello
Legislator
Okay, Exactly. If you identify Senator Smallwood-Cuevas, by all means.
- Roger Niello
Legislator
But what you're saying is without the state funding, you'd be deprived things that are needed in order to execute the program. So the federal funding would be academic.
- Karen Ross
Person
We just want to make sure that we're better equipped and that with the continual changes in science and the new outbreaks that we hand that we are occurring now and what the prospect is and what it could mean for the crossover into human health, we want to make sure we are investing in the best science that we have enough bodies to do the work, especially with the new mechanisms that we're using, like bulk milk sampling, which is humanly intensive, is that we really are making sure that we have what we have to have to respond as quickly as we can and understanding that with the patterns that we have seen, this is not going to go away.
- Roger Niello
Legislator
Thank you. Thank you. Now, since I was channeling Senator Smallwood-Cuevas. Senator Smallwood-Cuevas can channel Senator Niello.
- Lola Smallwood-Cuevas
Legislator
Well, I think we had similar questions, Senator Niello, on this, and I appreciate the bulk milk framework. And that's one question I had. What are your plans for the performance metrics? How will we measure these programs, particularly when we think about the outbreak size, faster containment, improved coordination with our veterinary networks?
- Lola Smallwood-Cuevas
Legislator
Just curious, what are those tools that we're going to put in place?
- Karen Ross
Person
And I really do want Dr. Jones to respond to that, but it's such an important question because we do have great partnership through the private veterinary practitioners that are in the state.
- Karen Ross
Person
It's unusual to have a state with the number of dairies that we have and the number of specialists that we have in animal health, and especially our veterinarians, for both poultry and for bovines. So that's been an important part of doing early diagnosis because many of them are on those farms on a daily basis.
- Karen Ross
Person
That's how committed the, the dairy is to the health of their animals.
- Karen Ross
Person
We also know that the sooner that we can be on the farms and understand what's going on, that might give us some opportunity to try to act soon, to, like, make sure that we've got the right cows in quarantine, which a lot of the specialists do on the dairy farms. But I also think it's important to.
- Karen Ross
Person
To look at what we do with our diagnostic lab of having all of that equipment in place. We have a number of things like that. But I want to let Dr. Jones respond to that because it is a very complicated network that's out there that gives us that information on a daily basis.
- Karen Ross
Person
But we also have to have people in Sacramento that are running, like, running the analytics on that to do the interpretation of the samples when we get that. So I think that's important to respond to.
- Unidentified Speaker
Person
And I think for metrics, I would look put it in three different buckets. One of them is testing. So are we testing adequately, testing the livestock and poultry in our state so we can, as the secretary mentioned, detect these viruses early enough to prevent spread? The second one would be.
- Unidentified Speaker
Person
The second metric would be, do we have things in place to prevent introduction of disease? So we call that biosecurity. In my world. So you know how many biosecurity audits have been done on farms, how many have been passed and what improvements have been made.
- Unidentified Speaker
Person
And then the third thing I would look at is basically virus load in the environment. So in ways that you can measure that is spread to other farms like has spread been reduced, have been introductions to been reduced. And you could even look at employee health. So have we seen fewer employees infected with these zoonotic diseases?
- Christopher Cabaldon
Legislator
All right. Very much appreciate it. I, I, I understand this, this issue very well. I represent a non trivial part of the Pacific Flyway in my own district but also a lot of cattle, sheep ranching as well as quite a few dairies in Sonoma and Solano County.
- Christopher Cabaldon
Legislator
And so this is a very important area for the state to be engaged, particularly given the changes at the federal level. But even without that we need to mount this infrastructure. So I appreciate lio's analysis and lens here.
- Christopher Cabaldon
Legislator
I think our hope is that we will have, we will have to draw down as little of the federal money as possible because we will have, we will been successful in preventing and urging responding to as many of the outbreaks as necessary before we're, before we trigger the emergency reimbursement authority from the feds. But appreciate your leadership.
- Christopher Cabaldon
Legislator
Secretary Ross. Thanks for being here personally as well. We're gonna, we will hold this open because it is a significant General Fund request. And now we'll proceed to item 8 which is the Department of Cannabis Control may revision proposals.
- Christopher Cabaldon
Legislator
All right? Is our lead off going to be the Department or Finance?
- Christina Dempsey
Person
Good morning, Chair and members of the committee. My name is Christina Dempsey and I serve as the Deputy Director of Government Affairs for the Department of Cannabis Control.
- Christina Dempsey
Person
The cannabis proposals included in May revision focus on strengthening and sustaining the state's ability to address illegal cannabis activity while being mindful about cost pressures that can disadvantage the legal market and make it harder to displace illegal activity.
- Christina Dempsey
Person
These proposals would shift the Department's illicit enforcement funding from the Cannabis Control Fund to the Cannabis Tax Fund, thereby creating a more stable and equitable funding source for this activity, provide authority for DCC to seal locations where illicit activity is occurring, thereby preventing recurrence of this activity and more effectively utilizing existing resources and refine eligibility and prioritization for the BSCC.
- Christina Dempsey
Person
Allocation 3 grants to better support local law enforcement efforts to combat the illicit market. So, starting with the funding shift, the department and the department's illicit market enforcement is funded by the Cannabis Control Fund, which receives revenue excluding exclusively from licensing fees.
- Christina Dempsey
Person
There is a significant financial imbalance between licensing fee revenue and the costs covered by the Cannabis Control Fund. The fund is operating at a structural deficit and if no funding changes occur, it will have a negative balance.
- Christina Dempsey
Person
Beginning in fiscal year 26-27, the fund is no longer able to sustain costs of illicit market enforcement activities, costs that are not directly tied to regulation of the licensed market but which support the public health and safety of all Californians. California's enforcement burden is uniquely high due to the size and sophistication of its illicit market.
- Christina Dempsey
Person
The department's market report estimates that 11.4 million pounds of cannabis is produced illegally each year, compared to 1.4 million pounds each year within the licensed market. Further, only 40% of cannabis consumers in California obtain their cannabis from licensed sources, and many of these consumers do not recognize that the stores they are purchasing from are illegal.
- Christina Dempsey
Person
May revise proposes to shift the cost of the department's illicit market enforcement activities to the Cannabis Tax Fund. This would ensure that enforcement efforts are well supported without disadvantaging legitimate businesses and undermining California's regulatory goals.
- Christina Dempsey
Person
Other state agencies that engage in illicit cannabis enforcement receive their funding from from the Cannabis Tax Fund, so this proposal would bring the department's funding in alignment with existing enforcement funding for other agencies.
- Christina Dempsey
Person
Without this proposal, addressing the structural deficit in the Cannabis Control Fund would necessitate either significant increases in licensing fees, estimated at approximately 40%, or staff reductions at the Department, including fewer officers to address illegal activity and fewer inspectors to ensure integrity within the licensed market.
- Christina Dempsey
Person
Moving to the new enforcement authority this authority would allow the department to seal a building that is being used for illegal cannabis operations. When the department's law enforcement officers execute a warrant and shut down illegal operators, they sometimes find that they reopen within days or weeks of the action.
- Christina Dempsey
Person
This issue is particularly acute for illicit retailers who have significant financial incentive to reopen. Simply put, the profit potential of reopening the operation outweighs the cost of a temporary shutdown. This authority would allow the department to seal the building in these cases when reopening is of concern.
- Christina Dempsey
Person
This would more effectively stop the public health and safety problem created by the unlicensed activity and make the enforcement action more effective in stopping the persistent nature of the behavior. The property owner would be given notice and the opportunity to challenge the seal through a hearing or to remove the seal after abatement has occurred.
- Christina Dempsey
Person
This would also bring property owners to the table to be a part of the solution. Finally, turning to the proposals to refine the BSCC grants the BSCC grants were created by Prop 64 to assist with law enforcement, fire, and other local programs that address public health and safety issues related to cannabis legalization.
- Christina Dempsey
Person
However, the grants have been underutilized. Proposed refinements would increase eligibility and ensure these funds, which are the only state funds that support local law enforcement efforts related to cannabis implementation, are prioritized for the state's greatest challenges.
- Christina Dempsey
Person
In addition to these three proposals may revise also includes a budgetary request to address urgent operational needs for inspection, enforcement and departmental support. Taken collectively, these proposals would further the state's ability to address illicit cannabis activity and ongoing operational challenges and better sustain and support a well regulated market.
- Christina Dempsey
Person
The first of Proposition 64's listed purposes was to take medical, non medical marijuana production and sales out of the hands of the illegal market and bring them under a regulatory structure that prevents access by minors and protects public safety, public health, and the environment.
- Christina Dempsey
Person
Enforcement is critical to ensuring license, market integrity and combating the illicit market, but we cannot sustain these activities without utilizing a more stable and appropriate funding source. Likewise, keeping costs within the legal market at reasonable levels is necessary to allow the businesses that are upholding standards that protect consumers, youth, workers, communities and the environment to compete.
- Christina Dempsey
Person
We recognize that there are trade offs inherent in these proposals and there are intersections with other policies under consideration by the legislature, but we believe that these proposals represent the best path forward and move us closer toward achieving the purposes of Prop 64.
- Christina Dempsey
Person
Thank you for the opportunity to testify and for your continued commitment to meaningful progress on the state's cannabis regulatory framework.
- John Parsons
Person
Hi, John Parsons, Department of Finance. The LAO has some considerations on DCC's proposals and I'll respond to just a few of those briefly.
- Christopher Cabaldon
Legislator
Why don't we go to LAO then, just for those who haven't already read the script in advance? LAO.
- Heather Gonzalez
Person
Hi, Heather Gonzalez with the LAO. So we've prepared comments on three of the Department of Cannabis controls items before you today. I'm going to start with the two Shorter ones, the two trailer bills, and then we can move on to our analysis of the Fund shift proposal, which is a little more involved.
- Heather Gonzalez
Person
So with respect to the proposed trailer bill language to increase the number of local governments that are eligible for the Board of State and Community Corrections or BSCC program, we think this proposal generally makes sense. But. But we would recommend setting this small jurisdiction threshold at about 10,000 residents instead of 3,500.
- Heather Gonzalez
Person
This should have a more meaningful impact on expanding the number of eligible local government applicants.
- Heather Gonzalez
Person
With respect to the trailer bill proposal to expand the department's enforcement authority to allow it to seal buildings if staff discover illegal activity on premises, we recommend that this policy or this proposal go through the policy committee process because the proposal has policy and legal implications that we think are better heard in that venue.
- Heather Gonzalez
Person
With respect to the proposal to shift the cost of certain enforcement activities from the Cannabis Control Fund to the Cannabis Tax Fund, we make no specific recommendations as to whether you adopt, modify or reject this specific proposal.
- Heather Gonzalez
Person
We do recommend that you assess it in light of AB 564, which is a bill under current consideration that would significantly impact the cannabis tax spend revenues if enacted. And my colleague Seth Kerstein will walk us through our assessment of that.
- Seth Kerstein
Person
Seth Kerstein with the LAO. So there are three ways to address the three broad ways to address the Cannabis Control Fund's structural deficit that's been described. You could raise the license fees, reduce the enforcement activities, or rely on site other revenue source as the administration is proposing.
- Seth Kerstein
Person
So each of these choices prioritizes certain policy goals, such as helping the licensed cannabis market or supporting the programs that receive support from the Cannabis Tax Fund.
- Seth Kerstein
Person
So this fund shift, at least taken in isolation that's being proposed, prioritizes the licensed cannabis market by using money from the Cannabis Tax Fund to keep funding enforcement without raising fees on cannabis licensees. And so that would result in less funding for other programs supported by the Cannabis Tax Fund.
- Seth Kerstein
Person
Similarly, the bill that my colleague referenced, AB 564, sort of is aiming to do something broadly similar by keeping the cannabis excise tax rate at its current level of 15% rather than letting it rise to 19% on July 1 as it will under current law.
- Seth Kerstein
Person
And so, like the administration's fund shift proposal, AB 564 would help the license to market while reducing the amount of funding available for other programs supported by the Cannabis Tax Fund, which would receive more revenue if the rate rises to 19%. So what are the options before you today?
- Seth Kerstein
Person
The first one would be to go ahead and adopt this May revision fund shift proposal.
- Seth Kerstein
Person
So if you did that, and if you then also were to pass, excuse me, the bill keeping the excise tax rate at 15%, that combination of actions would strongly favor the legal cannabis market while constraining funding for programs supported by the Cannabis Tax Fund.
- Seth Kerstein
Person
If instead you were to adopt the May revision proposal while allowing the tax rate to increase to 19%, that tax increase likely would more than offset the effects of this proposal on the Cannabis Tax Fund, but it also would weaken the license to market.
- Seth Kerstein
Person
Alternatively, you could take a different approach to balancing the Cannabis Control Fund, either by reducing the department's enforcement activities or raising fees on licensees.
- Seth Kerstein
Person
And so those options avoid drawing upon the Cannabis Tax Fund, which could offset a portion of the fiscal effects of the tax bill if that is the Legislature's preferred vehicle for providing economic relief to the licensed market.
- Seth Kerstein
Person
And finally, if you wish, you could wait to see what happens with the tax bill and then reassess this proposal in light of whatever action you take on that Bill when you have a better sense of the revenue picture that would result. So with that, happy to answer any questions.
- John Parsons
Person
John Parsons, Department of Finance. As it relates to the department's BCP, the LAO presents various considerations including deferring the proposal following the decision on the excise tax rate. As mentioned previously, the Cannabis Control Fund is headed towards a negative fund balance in 26-27.
- John Parsons
Person
If the proposal to shift enforcement expenditures to the tax fund is delayed until policy decisions are made on the excise tax, it would present challenges for the department to secure funding stability in a limited time frame.
- John Parsons
Person
If the department needs to implement fee increases as an alternative to this proposal, it would take at least six months to a year to develop and implement regulations to do so.
- John Parsons
Person
Additionally, the department would need to make choices with its expenditures to maintain a positive balance and build some reserves without certainty that the budget solution will come to fruition by next June.
- John Parsons
Person
Next item, as it relates to the trailer bill language proposal to increase eligibility for the BSCC Proposition 64 grant program, the LAO suggests setting the small jurisdiction threshold at 10,000 rather than the 3,500 proposed. We acknowledge the suggestion to expand the threshold and are open to engaging on this suggestion further.
- John Parsons
Person
Lastly, as it relates to the trailer bill language proposal to authorize the Department of Seal Building or premises if illegal activity is discovered, the LAO recommends rejecting this particular proposal.
- John Parsons
Person
Just want to note that this proposal would allow the department to use their existing enforcement resources more efficiently, while at the same time this proposal would alleviate concerns about sites being reopened within just a few days or a few weeks the way it's been occurring up to this point.
- Christopher Cabaldon
Legislator
All right, thank you. I'll proceed to the subcommitee. Senator Niello.
- Clint Kellum
Person
Clint Kellum, Chief Deputy Director of the department. So there was certainly like a cycle that went on through this process. We were looking into increasing our regulatory fees around that time to solve this gap.
- Clint Kellum
Person
We also had our economists complete their market report, which highlighted a few important things, some of which were making sure we enforced on the illicit market, make sure we keep costs lower for our licensees, and then came on board and started looking at the size of the gap and trying to really sort of zoom out and figure out what issues are going on and what's driving such a large gap.
- Clint Kellum
Person
And that helped us realize sort of like the enforcement costs of the Department are meaningfully larger than other regulatory agencies. And it wasn't a sustainable approach to fund that through licensing fees.
- Clint Kellum
Person
And then at the same time, if you zoom out and think about industry generated revenue, you can look beyond licensing fees and look at the tax Fund.
- Clint Kellum
Person
And we thought the combination of those factors coming together and conversations with the legislature over the last couple of months about being mindful about cost to industry, about illicit enforcement, brought us to the proposal today.
- Christopher Cabaldon
Legislator
Appreciate that. But none of that's new. We've been talking about the problem of enforcement since I've been here back in 2023. So just. I understand your point, but again, there are issues here that several issues here that should have been in the January budget proposal and are not really revised issues.
- Clint Kellum
Person
Yeah, I mean, totally understand and can appreciate that it wasn't intentional. It was just, like I said, sort of the maturing of thinking and having all those pieces come together. And, you know, the budget process is elongated and there's an expectation of knowing things early.
- Clint Kellum
Person
But sometimes we have to bring these policy decisions to you when we're aware. And that's the time we became aware and we do think this is the right thing to do now.
- Lola Smallwood-Cuevas
Legislator
Yeah. There are elements here that I have some challenges with. And one, if maybe this could help. We could start with this. Can you offer a breakdown of the programs and activities that are supported by the 93.6 million allocated to public safety and the additional amounts used for, you know, the environmental cleanup and youth prevention?
- Lola Smallwood-Cuevas
Legislator
Just if you could give us a little bit more of a breakdown on.
- Christina Dempsey
Person
Are you talking about the Allocation 3 funding? So the way that cannabis.
- Charlene Manning
Person
Charlene Manning, Department of Finance. So allocation three is split upon three different buckets. And you're aware of the public safety one, which after the Youth Education Prevention and Treatment account, followed by the Environmental Restoration Protection account, the state and local government law enforcement account, receives trust 20% of the amount of funding available from the previous fiscal year.
- Charlene Manning
Person
So part of that is chp, they receive grant funding related to traffic violations, and they receive 50 million each year. And then BSEC receives the remaining for their grant program, which we touched on earlier today, and they receive a percentage based on what is left over. So that fluctuates from year to year.
- Charlene Manning
Person
So last year they received 73.9 million, and this year they're receiving 57.7 million.
- Lola Smallwood-Cuevas
Legislator
Okay, so. And these are the funds that they're already receiving to address the public safety work. Okay, thanks for clarifying that. So the other question I have then, in terms of clarifying the proposed sealing authority in the trailer bill, does it comply with Fourth Amendment protections against unreasonable search and seizures?
- Lola Smallwood-Cuevas
Legislator
The reason I ask is, you know, obviously a number of letters from our public defenders, heard from other legal experts, and there's a recent article that likened this approach that New York also used.
- Lola Smallwood-Cuevas
Legislator
And I think we're modeling our approach after New York found that it's unconstitutional elements of that, that it basically amounts to warrantless search and seizures that violate the Fourth Amendment. I think there was a.
- Lola Smallwood-Cuevas
Legislator
In the article, they likened it to our fight against the empire's tax on tea and the seizures back to the American Revolution, which, you know, I want to understand better what we are proposing then in terms of the ceiling authority when we see that there are problems with the model.
- Lola Smallwood-Cuevas
Legislator
And I'm also curious why we're not going through a policy process here. And we're seeing the trailer bill language as the way to do this, given some of the legal challenges that are now emerging, but certainly will emerge on the horizon.
- Lola Smallwood-Cuevas
Legislator
So if you could just answer the clarifying question about what we mean by sealing authority and why we're not going through a policy process.
- Christina Dempsey
Person
So as this proposal as a whole is really about use of resources and efficient use of resources and the need to continue to go to the same site multiple times, we're trying to address the efficiency of that work and make the work that we are already doing and the resources that we are already using more efficient in the way that we're executing them, so that we're not going back to the same site so that we can address some of the other sites throughout the state that are engaged in illicit activity.
- Christina Dempsey
Person
On the question of Fourth Amendment rights, this sealing power would be used in conjunction with search warrants that the department is already executing. So there is a notice in the appropriate court process that is being followed there.
- Christina Dempsey
Person
Our peace officers are already doing the investigative work and getting a search warrant for sites where they have evidence of illicit activity. And so that would all remain in place. The only difference is that when they leave, there would be a mechanism to prevent reentry.
- Christina Dempsey
Person
So it would not change the sites where we are going or the activities that are part of that. It would just change what reentry looks like and the ability to stop someone from coming back in or to create a penalty when someone does come back in and try and reestablish that work.
- Christina Dempsey
Person
We did model this in part off of the New York authority, but it is more narrowed and intended to address some of the questions and concerns that have come up with that authority. In the case of New York's law, it is broader and it includes addressing not only cannabis sites, but also illegal hemp sites within the state.
- Christina Dempsey
Person
And much of the court challenges that have come as a result have been in the cases of hemp stores, which are sort of notoriously a gray area under federal law, despite ways that they've tried to clarify within the state, under state law how they should be handled.
- Christina Dempsey
Person
And so our policy here narrows this to only cannabis and only illegal retailers. These are not licensed sites and places where there's clear and convincing evidence of illicit activity. So we're trying to raise the bar of what the standard is that we would be following.
- Christina Dempsey
Person
Beyond a preponderance of the evidence, there's also a mechanism in the proposed language that is, gives a property owner a right to an emergency hearing if they believe that it was issued in error or was not justified, and then gives them prescribed rights to hearings that are on a non emergency basis after 10 days after it has occurred.
- Christina Dempsey
Person
So for an ongoing basis, they would have the right to a hearing.
- Christina Dempsey
Person
So our goal would be to expedite those hearings and give them a right to be heard so that if there is something that is, that is not, that is worth being challenged, that there is a right for them to come and have that heard really quickly.
- Christina Dempsey
Person
So we're trying to address some of the concerns that have come up in the New York case. I will also note that it has been the New York law has been challenged in court, but has won those court cases. The New York State has won those court cases. So it seems to be being upheld in that case.
- Christina Dempsey
Person
The other analogous case that we're trying to model after is in California, local code enforcement authority to red tag buildings. So in many of our search warrant operations, we will bring local code enforcement with us, particularly if there are issues of. Let me give you an example here.
- Christina Dempsey
Person
So when there might be an issue of building integrity that results from the illicit cannabis activity, so like an illegal culture cultivation site within a residence, there are often mold issues, certainly issues with electricity and wiring within those sites. And so local code enforcement will often come with us.
- Christina Dempsey
Person
And when there are those questions of inhabitability, they will red tag the building, and then it requires the property owner to bring that building up to code. So this is similar, except addressing a slightly different concern. Instead of it being about habitability, it's about recurrence of activity.
- Christina Dempsey
Person
So a similar ability for our law enforcement agents to go in and seal a building the way local code enforcement would red tag a building, and then abatement of the concern, just like in red tagging, would be the resolution to that.
- Lola Smallwood-Cuevas
Legislator
Risk analysis of this process and have made those adjustments in the proposed protocol and process for California. Okay, my other question I have is how are we ensuring that these funds are advancing the equity and community reinvestment goals of Prop 64 and not just expanding the carceral and punitive responses?
- Lola Smallwood-Cuevas
Legislator
I think, you know, one of the things I hear from a lot of our business owners in this space is just the inordinate amount of procedures and licensing and the lack of streamlining and the overwhelming set of taxes that are proposed that are literally shutting down the legal enterprises every day, which is what we need to reverse, we need to increase the numbers of those legal enterprises.
- Lola Smallwood-Cuevas
Legislator
But it's unclear in these proposals, what's the metric? What's the thing that's ensuring that we're holding on to the whole purpose of this policy initially, which is to look at this question of equity and community reinvestment as a result of the war on the poor, which was, you know, some would say the war on drugs, but the war on the poor that took place particularly in communities like South Central Los Angeles, where we're still trying to repair so much of the harm done in that period.
- Lola Smallwood-Cuevas
Legislator
I hear the focus on the illicit market and needing additional tools. It concerns me that we're even thinking about additional taxes on this industry that is, you know, just in a very precarious state. But what can we do to ensure that we're advancing the equity and the reinvestment measures? And can you describe how this proposal does that?
- Unidentified Speaker
Person
Yeah, I think part of that is why you continue to hear us saying that success in regulating this marketplace requires keeping costs on licensed businesses low. So it is very challenging to operate a cannabis business. It is challenging from a financial perspective, it's challenging from a regulatory perspective.
- Unidentified Speaker
Person
And increases in fees on those businesses would make it even more difficult. And so some of who we think would be the most impacted would be small and equity businesses if fees were increased, which is part of why we're making this proposal.
- Unidentified Speaker
Person
In LA in particular, that's one of the places that there has been this persistent competition with the unlicensed market. And we hear from equity retailers in LA, but also throughout the state, this frustration about the store down the street that is operating illegally, that, you know, whether it's local aw enforcement or the department's Law enforcement, comes in, shuts down that.
- Unidentified Speaker
Person
That store, and then it's reopened within weeks. I think that issue is particularly a challenge in LA. And so it is that it is our equity businesses. It's all of the businesses within the industry. But it's especially the equity businesses who are facing such challenge and competition from those sites that we'd like to address that.
- Lola Smallwood-Cuevas
Legislator
I appreciate that. I have to say that the number one issue that gets lifted up to me is the lack of resources to support those businesses through the licensing process because of the requirements for example having to show that they have been able to pay a rent on a business that has not opened, being able to make sure that they are able to pay fair wages because again they want to have this be an option for folks who have had been system involved to be able to come into the workforce and to have some sort of tax relief that recognizes what the market is doing, this industry is doing in terms of re-employing these individuals.
- Lola Smallwood-Cuevas
Legislator
So I think, you know, I hear that illicit market but there's also so many other ways that, you know, we want to ensure that these businesses have a financial and regulatory framework that allows for equity and allows them to stay in business and to stay afloat.
- Lola Smallwood-Cuevas
Legislator
And I guess we will have to continue to watch to see what happens with the New York model. But I think this is creating some chilling effect in the legal community and the way that this is laid out currently.
- Unidentified Speaker
Person
Just one comment there that by the inclusion of our cost into tier one don't impact the GO-Biz local equity program. So there is still $15 million available a year from the cannabis tax fund that remains and is unimpacted by this and their community reinvest grant which gets back into the war on drugs crime.
- Unidentified Speaker
Person
So they're in consideration of how this affects it. It doesn't diminish the costs already going to those programs. But hear your point on that front and just on the padlocking and sealing proposal in general. When our discussions were happening in general we were really thinking about the organized crime activity and that's really where our listen enforcement work is mostly involved and so understand that there's concerns on the edges. Happy to continue that convers but we're talking about transnational gangs hiding stuff and those are really who we spend most of our enforcement activity on.
- Christopher Cabaldon
Legislator
All right. Well first I want to acknowledge Senator Niello's point that this is a lot for us to be considering at this point. And I know some issues you describe but has changed others like padlocking doesn't seem like a brand new issue. We could have seen it in January and or in the regular policy process.
- Christopher Cabaldon
Legislator
So on that issue I appreciate the tool and what you're trying to accomplish and having come from local government and the red tagging that has its function, it's a little out of our pay grade here at Sub 4 to be looking at all the legal issues all by ourselves.
- Christopher Cabaldon
Legislator
And so I think there is legitimate question about whether this is an appropriate element for the budget for trailer bill language and whether or not the Legislature is going to be prepared to advance that outside of the normal policy process.
- Christopher Cabaldon
Legislator
On the overall, obviously we made a lot of promises in standing up this entire industry and regulatory framework in terms of the tier 3 allocations and the market that we'd be creating, the equity that we would be and reparations that we would be engaged in through developing the market as well.
- Christopher Cabaldon
Legislator
We haven't been able to achieve that largely because of the asymmetry between the legal and the illegal market. And that's mostly on us. Ultimately we didn't write the ballot measures and all of that, but it's most now it's on us to get it right and to support that.
- Christopher Cabaldon
Legislator
So I know the Assembly is considering the licensing fee legislation and Senator Smallwood-Cuevas has mentioned it as well. That's not been to the Senate yet. I'm personally open to it as we try to make it more feasible for folks in the licensed market to stay afloat and to achieve the bigger goals that we've outlined.
- Christopher Cabaldon
Legislator
But that's not before us today. So to me the principal issues are the tier three allocations, the childcare and a lot of other essential functions that would be hit potentially in two ways with the reduction of the phase in of the tax as well as the diversion of the tax revenues to these purposes that we need to understand better.
- Christopher Cabaldon
Legislator
And I have had some conversations with the department in the last several days about the child care piece in particular. I think those questions remain unanswered at this stage about what the impacts will be and then this bigger question of the trade offs that LAO has identified.
- Christopher Cabaldon
Legislator
Most of the options get at this fundamental problem about getting the market balanced and really going after the illegal side, which is what is going to be necessary for the licensed legal businesses to thrive. So I think the general direction is the right one.
- Christopher Cabaldon
Legislator
But there's a lot of details to work through here and a lot of implications legal, programmatic and on tier 3 allocations as well. As we proceed. With that, then we'll move on. Thank you to item nine, which is the California State Payroll System Project.
- Christopher Cabaldon
Legislator
And we are under a bit of a time pressure because the Senate will be in session in just a little bit. And so we're in the home stretch now. We've taken up most of our most complicated issues, but just for our presenters and for ourselves.
- Christopher Cabaldon
Legislator
For myself just we'll try to pick up our pace in order to complete our agenda today. All right, welcome. And is it the Department or Finance or is Finance going to lead off?
- Jennifer Urban
Person
Thank you. Good afternoon, Chair and members. My name is Jennifer Urban and I'm the Chief of Budgets and Accounting with the State Controller's Office. We thank you for the opportunity to discuss the 25-26 May revised request before you.
- Jennifer Urban
Person
The State Controller's Office has received approval for all stages of the project approval life cycle for the California State Payroll Service California State Payroll System Project and is ready to begin the design, development, testing, and implementation of the new personnel payroll and travel and expense management system for State Civil Service and exempt employees, State Court, and California State University employees.
- Jennifer Urban
Person
As CSPS begins this next step, the workload will increase to continue the project phase of the future CSPS solution, as well as the impact on the department agency readiness teams and subject matter experts in SEO divisions that have provided their time and advice during the planning phase.
- Jennifer Urban
Person
With this new increase in workload, CSPS has a business need for state resources to support the statewide human resource offices with readiness activities. Therefore, this request includes 20 permanent positions and $117 million in 25-26, 3.8 million ongoing to continue support of the CSPS project. We're happy to answer any questions you have.
- Dominick Guidera
Person
Dominick Guidera, Department of Finance. We support the proposal as it provides sufficient resources in the budget year to continue the project implementation phase.
- Brian Metzker
Person
Brian Metzker, LAO. No specific concerns with the proposal, but we would just note that this is a $1.2 billion project that will take six years to develop and implement and will be one of the largest change management efforts since the fiscal system was implemented and would also note that there is a pending lawsuit on this project challenging the procurement and contract award for it. And with that, happy to answer any questions.
- Christopher Cabaldon
Legislator
So, just to get real, like what would happen if we didn't if we paused this project, given the general fund condition, what are the ramifications and the consequences? It's not. It's one of the largest items we have on our agenda today.
- Jennifer Burkett
Person
I can take a stab at that one. Jennifer Burkett, the California State Payroll System Project Director. We've been in the planning phases for seven years. A lot of work and resources have been committed to this project project. We did reach a milestone. We executed the contract with the solutions integrator and we have them on board.
- Jennifer Burkett
Person
We have a lot of momentum on this project. A lot of departments are really looking forward to this system coming statewide. We have a lot of departments putting individual requests out to solve some business needs in anticipation of this. So pausing this project might cause additional requests to come in front of of the Legislature for additional funding.
- Jennifer Burkett
Person
We would also kind of lose that momentum. I'm not sure if you're familiar with the history of this project. We had the 21st century project, so we are up against a lot of concerns and risks. And so pausing would just send the message that we're just not going to get this done this time around.
- Christopher Cabaldon
Legislator
All right. Any other supplemental comments from Finance or LAO on that question?
- Brian Metzker
Person
Brian Metzker, LAO. I would just note for the subcommittee that to the extent it is interested in considering a pause on the project or some other mechanism to use this general fund another way, we'd be happy to assist.
- Christopher Cabaldon
Legislator
All right. Any further questions or comments? Okay. I hate to leave it that way, but we're going to. Thank you. All right. And we'll proceed to item 10, which is California Hope Opportunity, Perseverance and Empowerment for the Children Trust Fund Account Program Board. Lead off the Department, the Department or Finance.
- Kasey O'Connor
Person
Sure. I'm Kasey O'Connor, Executive Director of the Hope for Children Trust Account Program. Thank you so much, Mr. Chair and Senators on the Budget Committee, I will defer to Finance to start off.
- Amy Ascencio
Person
Amy Ascencio with the Department of Finance. We're here to present a budget solution to transfer $50 million from the hope for Children Trust Account back to the general fund to help address the budget shortfall. This is a pullback of 50% of the initial 100 million that was provided at program inception in the 2022 Budget Act.
- Amy Ascencio
Person
The fund balance will be about 80 million after the transfer, plus some additional accrued interest. This reduction is necessary as part of a broader approach to balance the budget. It's one of many difficult reductions necessitated by the condition of the general fund.
- Amy Ascencio
Person
The administration has tried to ensure there is enough funding remaining to provide a reasonable amount per child to achieve the program's goals within the context of our budget situation. Thank you. And we're available for any questions.
- Alexander Lao
Person
Thank you. Alexander Bentz, Legislative Analyst Office. As noted, this transfer is part of the governor's proposal to solve the budget problem. And so if the Legislature would like to prioritize this program, it's possible to find $50 million elsewhere in the budget to cut Instead and so depends on your priorities. Thanks.
- Christopher Cabaldon
Legislator
The other guy had like 18 alternatives. That's all you got. So the. So how much would be how much would be left in the program and where are we in terms of implementation?
- Kasey O'Connor
Person
So the bill allowed for a one year after introduction. So 2023 to 2024. We did a working group with Department of Social Services, Community Partners, Department of Public Health to do the recommended report to the Legislature. It recommends around $4,500 per account. Upon having 100 million, we invested that and with the occurring 15 million. So without the.
- Kasey O'Connor
Person
So we are set to launch quarter 1, 2026. We've done our final, our first round of regulations. We're hiring program administrators as we see speak, and are utilizing investment consultants and building out the financial literacy part of the program. We are set or the board is set to approve an amount for the seeding of the funds.
- Kasey O'Connor
Person
They were going to approve it at the end of June. We might prove it at the in August 7 now. But we are now discussing what could go in the funds. It will be about 80 million at the time when we launch. We have the ongoing 15 million.
- Kasey O'Connor
Person
So it would be 95, I actually believe, without the administrative funds. But we would probably significantly lower the account amount, which wouldn't necessarily be a trust fund at that time, but it would still provide meaningful amounts. I do know as well that we have done zero interest loans before from the treasurer's office to help in dire times for the Legislature.
- Kasey O'Connor
Person
So we would be interested as well if there's any options to discuss potentially having the 50 million leave now and building it back into our ongoing appropriation at a later time when we're in a better budget cycle that would allow the board to seed these accounts with a little bit more knowing that the fund might be reappropriated at a later time when the state could do so.
- Kasey O'Connor
Person
But right now the accounts would probably drop to about $2,000 as opposed to 4,000. The board has to approve that though. So it would be. I'm just speaking as the director, but that would be the proposal.
- Christopher Cabaldon
Legislator
So I have sort of a similar question as I asked for the payroll system or which is. So there's. There aren't. There are no accounts.
- Kasey O'Connor
Person
They are. So we have 45,147 accounts that we've created for the foster youth. We have about 10,000 that have been created. Right now they're in a pooled fund. The 10,000 for the COVID bereaved. So we have them pooled. We're ready to go out once we have our program administrator on board.
- Kasey O'Connor
Person
So quarter 1, 2026 the 18-year-olds that'll be eligible at that point will be about 8,000. So 8,000 18-year-olds could pull their fund out starting quarter 1, 2026 and we'd have to have that fund available. The initial tranche of youth will be the largest upon launch and then it will dissipate down because it's for those who passed whose parents passed during the federally declared COVID pandemic, which was three years and then ongoing foster youth who have been in the system for 18 months or longer, because those are usually who we see about 20% uptick in the transition from foster youth to adulthood.
- Kasey O'Connor
Person
That's where we find the most gap in becoming homeless, being incarcerated. So trying to close the racial wealth gap and work on those barriers with this program would help insulate that. But we obviously understand the state's predicament right now. So we want to be as helpful as possible while not forgetting the intent of the program was to try to help these that were exacerbated during the pandemic.
- Christopher Cabaldon
Legislator
But for finance, maybe finance and LAO can weigh on this as well. I mean, so this is not a trivial reduction, but did you consider in your analysis considering a deeper pause in the expansion of the program to the additional populations that the board is contemplating?
- Christopher Cabaldon
Legislator
It's a horrible thing to have to be asking, but we're going to be doing that repeatedly as we're thinking about new initiatives and expanding initiatives in the face of having to make dramatic, dramatic, really painful, devastating reductions in existing programs and services.
- Christopher Cabaldon
Legislator
As to whether or not even we passed the bill, but whether or not this is the moment to be moving to the next stages of these programs, was that considered by finance in evaluating what the scale of the May revised proposal would be?
- Greg Brest
Person
So, Greg Brest, Department of Finance. Are you asking whether if you basically pause, you can complete program like you eliminated it versus a $50 million reduction?
- Christopher Cabaldon
Legislator
No, but not proceeding with additional. So I guess in this case as an example, moving to the youth population, for example, so all the enrollees have their. I'm not proposing anything, but I'm not even asking about wiping that away.
- Christopher Cabaldon
Legislator
But in terms of, you know, kind of the segments that we're building out over time, whether finance consider that we stick with the enrollments that we have in the components of the program that have already been launched and pause on any further expansions until the budget situation is different?
- Greg Brest
Person
Yeah, I don't know if that was fully contemplated. I mean this reduction really is from the value of what each participant would be getting rather than reducing the number of participants going forward. So that's why we left the $15 million annual augmentation in the budget.
- Greg Brest
Person
So the 100 million would be reduced to 50, but then there's a $15 million ongoing component to kind of keep the program alive and going forward. So we weren't contemplating cutting off a number of participants, just lowering the value of each participant's trust account.
- Christopher Cabaldon
Legislator
All right, LAO, did you have any insights here? All right. Senator Smallwood-Cuevas.
- Lola Smallwood-Cuevas
Legislator
I think you asked. This question, but I'm just curious, will the reduction impact the service delivery in terms of the capacity to actually get those funds out for the 8,000 plus over the next fiscal year?
- Kasey O'Connor
Person
No. So we would be able to launch on time. What's happening in the background of designing and finishing the platform and getting it to where we can distribute the monies that's still on time. We've used our administrative dollars. We've had very leanly, so we'll still be able to do that.
- Kasey O'Connor
Person
The accounts would just potentially be seeded with fewer dollars in them originally. So it would just lower the amount of asset building or wealth building that they would be able to do. But we would still be able to get money out the door in quarter 1 to those 18-year-olds.
- Kasey O'Connor
Person
And from the we've been talking to youth for the last few years that would be impacted by this potentially. And we do know that they are excited about the potential to not only have this fund in their name, but also the financial education and literacy component that comes with it.
- Kasey O'Connor
Person
And there's no funding for that in the budget. So we're doing that part with philanthropy and other allowances within the statute. But the fund itself is the government funding portion of it primarily. And so the fund would go down.
- Lola Smallwood-Cuevas
Legislator
So and I appreciate that the comment about the youth, you know, a studio apartment now in South Central is about 1900-2000 a month. So this is a wealth building enterprise. I just want to tell you $2,000 is not going to get us there.
- Lola Smallwood-Cuevas
Legislator
But I so which raises the question about our commitment to the racial and economic equity for these young folk who are coming into an economy that is vicious and unfortunately, too many of them are on the losing end.
- Lola Smallwood-Cuevas
Legislator
Will cutting the impact of this fund, cutting this fund obviously is going to cut the impact, but what about the vision of what this was intended to do in the first place?
- Kasey O'Connor
Person
I do, and obviously we are the treasurer wants to say that she's supportive of the governor the administration, we have seen tough budget times before. But just as the executive director I can say that it does worry me about the potential for this program to I guess cut the legs out from under it right before it's about to launch. Because we are the highest cost of living state that's looking at a baby bond or trust fund mechanism.
- Kasey O'Connor
Person
So we did work really hard to with the Budget Policy Center and folks to use every dollar to get to 4,500 estimate in the account. And that's because even with an $1154 foster youth tax credit, we still see about 20% of them go into homelessness when they transition from foster care.
- Kasey O'Connor
Person
The child poverty level in California more than doubled in the pandemic from 5.4 to 12.4%. So these are a lot of the driving forces behind a meaningful amount as well as as you noted, Senator, that there are high cost of living and not only the rent.
- Kasey O'Connor
Person
The average rent for a one bedroom apartment is $2,395 and an average car payment is 525. So when we were discussing what is a meaningful amount, what was realistic, we wanted to ensure that they would be able to potentially obtain a car, get to that job that they've been applying for or other avenues to help bridge those gaps when we know we're not going to be able to put 20,000 in so they can get a house or anything like that.
- Kasey O'Connor
Person
But these are stackable components that this could help them asset build. While CalKIDS can help them go to school, while CalABLE or other programs can help them with their other endeavors. Ours was autonomous by nature so they can use the money as they need to to build wealth.
- Kasey O'Connor
Person
But if we do 2000, yes, it would go less far. But we want to make sure that we do something for the youth. But that's also why I thought maybe a potential build back zero interest loan later would be would give the board members the stability that this would be there later. So we could still seed the counts a meaningful amount while still transferring the 25 million out this year.
- Lola Smallwood-Cuevas
Legislator
I appreciate that. And you judge the society by how we care for our children. And given our $300 billion budget, this feels like a very painful decision that will leave so many of our most vulnerable children unprotected as they enter into this economy.
- Lola Smallwood-Cuevas
Legislator
So I appreciate the alternatives of the zero interest loan and trying to figure that out, but certainly not investing in this program. We fall way short of what our intended purpose was, which is to begin to build wealth for our youth as they enter into our California economy.
- Christopher Cabaldon
Legislator
All right. I think we, I mean we have to this budget requires us to be clear eyed about our priorities and what's going to be effective. And I'm not convinced that like holding on some programs will need to be erased. And they are valuable programs and they, and the problem that they're seeking to address is real.
- Christopher Cabaldon
Legislator
And you've gone through all of the issues here. I am skeptical that a $2,000 asset building account is going to accomplish or make a dent in any of those things. I'm absolutely sure that, you know, cuts to Medi-Cal clinics and to many other things that we are going to be considering will have very, very real effects on children and teens and adults and their ability to build assets in the face of a medical emergency. So that's just the reality that we are grappling with.
- Christopher Cabaldon
Legislator
Not every single program is actually a test of our values all by itself. And we have to evaluate it in that context. So I'm supportive of the project. I think the bill was the right direction to go. So tackling a real problem.
- Christopher Cabaldon
Legislator
But I think we sometimes, especially with the $50 million reduction and we sometimes forget that it still has like what's our theory of action, how this will actually change wealth building among the most vulnerable communities.
- Christopher Cabaldon
Legislator
And if we haven't launched yet, while we're also grappling with so many essential services and programs that are, that people already depend on for their rent, for their health care, for their education, for their workforce development, everything else, that's the conundrum that we're in.
- Christopher Cabaldon
Legislator
So I'm not opposed to the program and I'm not suggesting anything today. But just to simply put it in the context of the really in our subcommittee, in some ways we have the easiest time of all. We're not dealing with health and human services in particular in other areas.
- Christopher Cabaldon
Legislator
But and this is just a small window into that. So, so I hope we're able to figure it out. But I think we all know we are going to have to make some very, very challenging decisions. And I just, I hope when it's when we're called upon to do it that we don't shy away from making the complete decision and make simply a lot of half decisions because we want to like protect this for some other time. I'm also not supportive of low interest loan or something.
- Christopher Cabaldon
Legislator
We heard this earlier today from our housing friends too. I want to believe that the budget's about to turn around and that we, you know, if we just hold on for three years or two years that we'll be able to avoid all of this pain. I hope so. That's. I'm a freshman. I really hope so.
- Christopher Cabaldon
Legislator
But that's not what any of the, you know, it's not what Finance or LAO or anyone else is saying is the most likely outcome. And we need to make decisions and make sure that we're protecting the absolute core that Californians depend on. So appreciate it. We're going to hold this item open.
- Christopher Cabaldon
Legislator
Thank you for the testimony today on this. And we're going to move next to the Department of Finance. There's a one time funding to contract for state government process review and improvement.
- Jennifer Whitaker
Person
Good afternoon, Mr. Chair, Members of the Committee, my name is Jennifer Whitaker from the Department of Finance. And we are requesting 20 million on one time General Fund to. I'm sorry. To contract with consultants to advise and implement on process improvements. The Administration had difficulty in achieving the target savings to our statewide efficiency effort.
- Jennifer Whitaker
Person
So we engaged with a consultant to help us plan and scope additional opportunities for savings. Finance hired a consultant for a three year period to help us identify. I'm sorry, three month period to help us identify areas within the budget where process improvements could be made and additional savings could be achieved.
- Jennifer Whitaker
Person
The focus on the departments with the larger General Fund spending included the California Department of Corrections and Rehabilitation, Department of Healthcare Services and the Department of Social Services.
- Jennifer Whitaker
Person
The consultant worked diligently over the course of the last three months with both the Finance budget units and the Members of management of those departments to come up with brainstorming activities or brainstorming ideas to save additional - to achieve additional savings.
- Jennifer Whitaker
Person
This request for funding, if approved, is to keep that momentum going with that consultant and ensure that we're able to have process improvements in these larger General Fund areas. We have worked very closely and we have several ideas of areas where we can improve, but we need additional time and money to make those improvements actually occur.
- Nick Schroeder
Person
I'm Nick Schroeder with the LAO. So looking for efficiencies in government operations is always a good practice and something that government should be doing regularly.
- Nick Schroeder
Person
That being said, as Department of Finance alluded to, it can also be really difficult as we had a lot of challenges with the recent efficiencies drills through the two control sections 405 and 412. In addition to that, if you're seeking the savings through just state operations. State operations is only a quarter of the state's General Fund expenditures.
- Nick Schroeder
Person
So because of that, it's, you know, there's not a whole lot of savings that we achieved there without drastic cuts to the state operations. So it's, we're not really clear on how much savings could actually be achieved through the exercises. There's also little detail as far as what exactly would happen as a result of this contract.
- Nick Schroeder
Person
There's some information about reductions to CDCR, but not for the other two departments. Another issue that we identified is that there's no reporting requirement for the Department of Finance to report back to the Legislature on the activities of the contractor or what programs are modified or reduced.
- Nick Schroeder
Person
And then the last comment that we have about it before going to recommendations is that the proposal lacks transparency to the public. And that's in part because the budget Bill Language that they propose would make it so that they can directly contract with the contractor rather than going through the state's normal bidding process.
- Nick Schroeder
Person
And so because of that, we recommend that the Legislature ask questions to really understand what it is that they're wanting to achieve with the $20 million contract, and also to better understand how they will achieve what they're hoping to achieve, both through how they want to award the contract, all the way down through implementing the process improvements that they've already identified.
- Nick Schroeder
Person
And so to that, we recommend that if the Legislature adopts this proposal, that it amend the proposed language to include a JLBC 30 day review prior to the Department of Finance awarding any contracts related to this.
- Nick Schroeder
Person
We also recommend there be quarterly updates, both in the form of a report and also in terms of legislative briefings on the activities of the contractors so that the Legislature can be aware of what activities are being undertaken.
- Nick Schroeder
Person
And then finally, at the conclusion of the contractor's work, we recommend that there be a report on, on the activities in sum of what they achieved.
- Christopher Cabaldon
Legislator
All right. Are there questions or comments from Members of the Subcommitee?
- Lola Smallwood-Cuevas
Legislator
My question has to do with how this new proposed process differs from or compliments what DOF is already doing in terms of internal audits, in terms of existing budget reviews, operation assessments, program staff evaluation. How is this different?
- Lola Smallwood-Cuevas
Legislator
And want to look more into the LAO's comments, but we know when you have unauthorized folks essentially looking at state efficiencies, it could go disastrously wrong and impact the whole functionality and operations of our government. So really believe now more than ever we see when you don't have those safeguards in place.
- Lola Smallwood-Cuevas
Legislator
So that transparency piece is really concerning for me. But if you could just share what the difference is for what we already have. I appreciate that.
- Jennifer Whitaker
Person
So for this purpose, we are hoping that the consultant is actually the implementer of the suggestions. To your point, of other audits and other reviews, a lot of times a Department is just handed a list of ideas and the Department is held to go administer those ideas.
- Jennifer Whitaker
Person
The intent of this, this engagement is to ensure that the actual ideas are implemented, that savings are realized, and that they are standing with the Department to help them, whether it is consulting with them, training them, offering process improvements and ensuring it actually happens.
- Jennifer Whitaker
Person
And that's partly why the Department of Finance is requesting the money in our budget, because we did use our money in the initial phase to do the planning and scoping with a consultant, because we knew that it was important that we achieve significant savings since we're facing such a large deficit in the budget year and ongoing.
- Lola Smallwood-Cuevas
Legislator
That also makes me feel that this really requires a policy process because I've been asking about impacts of cuts since I've gotten here. I've been asking for some risk assessments and not really been satisfied with what's been shared, if anything, as a result of those requests.
- Lola Smallwood-Cuevas
Legislator
So I do think this is a process that requires the Legislature to have some input on it. And so that gives me some concern. But it is absolutely right in terms of the direction. But I think how we get there requires a bit more collaboration than a budget request.
- Erika Li
Person
Hi, thank you, Senator. Erika Li with the Department of Finance and just want to add a little color to that. Your question was initially, how is this different than what the Department of Finance had done initially when we were doing our efficiency drills back in the fall and into the spring.
- Erika Li
Person
And adding to my colleague's point, I think, you know, there were we were working with all the departments across the state and as we acknowledged in January, we understood that there are certain programs that were their costs were exceeding their forecasts. And Those are the three General Fund programs.
- Erika Li
Person
That Ms.Smallwood-Cuevas mentioned in Medi-Cal as well as in DSR, us as an entity in CDCR. And so we, our goal was to bring in outside experts who have done things like this in other entities, states as well as other jurisdictions to really look under the hood and work specifically with our program folks.
- Erika Li
Person
So not to come in and say you need to do A, B or C without having any communication or collaboration with other departments.
- Erika Li
Person
And so for the last three months, they have been doing exactly that and working with our Department of Finance staff as well to really be more focused on those three larger General Fund departments and trying to provide through their experience, recommendations that we will now implement.
- Erika Li
Person
So I just want to point out that this is not a new endeavor, that this is something that we have looked specifically over the last three months, but even before that, really trying to look for process improvements.
- Erika Li
Person
Understand your concern about this being a budget versus policy, and I think that we are really interested in seeing what we can do administratively, keeping the Legislature, of course, abreast of things through reports, sorry, meetings, budget hearings, of course. And so there's definitely a desire to keep you informed of the changes we're making.
- Erika Li
Person
If there are any policy changes that need to be made, of course, through the trailer Bill process, we would have language for that. So just want to include just a little more detail on your question.
- Christopher Cabaldon
Legislator
Yeah, it Would be great if we had the capacity in state government to do this. How do we maximize efficiency through process improvements. And as has been noted, we already have a Department for this purpose, yours. We have LAO, we have state audits. We have a lot of entities that exist in order to accomplish this.
- Christopher Cabaldon
Legislator
And I guess I wish we were investing in building our capacity to do that better on an ongoing basis rather than thinking this is like we have a specific need. This happens to be process improvements for efficiency and effectiveness. And so we need a contract with.
- Christopher Cabaldon
Legislator
We need to go outside, get some experts, and then we'll be done, which we won't be because we will be.
- Christopher Cabaldon
Legislator
There's the next three departments after that and there's changing policies and what have you so that the choice to go outside to buy this as opposed to developing the internal capacity, I think, to me is still an open question. It partly gets to the presentation at the outset, like, are we talking about. You were describing.
- Christopher Cabaldon
Legislator
We get led through scenario planning and brainstorming, and we need somebody to help facilitate essentially the extraction of our own best ideas and creativity in order to do that. And our normal way of working doesn't, doesn't facilitate that. That's very different from.
- Christopher Cabaldon
Legislator
Let's, you know, we need somebody who knows how to run a Medi-Cal program to come in and, you know, tell us what to do. And you said, Mr. Lee, that's not the intent here, but really understanding really what we're trying to buy here so that we also can start to get better at that ourselves.
- Christopher Cabaldon
Legislator
So we're not doing this on a contracted basis. That's not in public view and it's not subject to the normal domains of accountability. And then second, I know I have an interest in the whole, the Recoding America, the Jim Paula, that kind of approach, as opposed to the McKinsey, come in and tell us what the answers are.
- Christopher Cabaldon
Legislator
If you're familiar with either of those. Can you help us understand or help me understand where in the domains of change management and process. Process management we're really talking about here in terms of the kinds of specific work that we're expecting.
- Christopher Cabaldon
Legislator
Because you're talking about, as you said, which I appreciate, this is not just a plan to come up with some ideas. It's also to then manage the execution of them inside state government.
- Erika Li
Person
I'm not necessarily familiar with all of the work that's out there in regards to change management. I would say, though, specifically to your point about. Well, there's the first three departments you bring in a vendor, and then you've got the next three departments bring in a new vendor. That's not the point here.
- Erika Li
Person
We really appreciate the fact that although our departments are very different, how you administer a program, how you manage your resources should be similar in looking for the best ways to do things at the least cost. And so this idea is to maybe use these departments as model pilots.
- Erika Li
Person
And so being able to learn from what is happening in these departments, State folks would then be able to do the same thing with other departments. So it's hopefully it kind of lift and shift to other departments. This worked for CDCR. This worked for DSS.
- Erika Li
Person
This worked for, you know, how could we maybe tweak it in a way that would be beneficial for other departments. So the idea is not to bring in vendors for every time we need to do this, but it's to really, okay, instead of, here's our port, give us money. You know, it is really okay.
- Erika Li
Person
We're going to bring people in and you're going to be rolling up your sleeves and working with our folks in terms of training or providing what resources they need that they then can take on themselves when the vendor is gone. They may do the work independently and that we can learn and go to other departments.
- Christopher Cabaldon
Legislator
And can you give a sense why $20 million, could we get twice as much process improvement for 40 million, or like, what's the basis of that - of that, given the General Fund condition, that's not a trivial amount of money. I think it's the third largest one of the ones we've considered today. So why that number?
- Jennifer Whitaker
Person
Well, it's basically because we're doing three of the largest departments, 1 and 2. The vendor has a lot of resources and people that can go out and do this change to make it be effective.
- Jennifer Whitaker
Person
So based on our initial planning and scoping and the number of people on their teams to go out to all three departments kind of simultaneously to do it, that was the dollar amount that was estimated based on the level of work that needs to be done over the course of the budget year.
- Christopher Cabaldon
Legislator
All right. I'm not yet convinced, especially given the context of, you know, the rest of the General Fund condition. And I know the budget also, you know, even in my own community, the budget withdraws the core funding for the veterans home. You know, folks there can't use the bathroom and the cemetery is overgrown. I mean, they have.
- Christopher Cabaldon
Legislator
Their dollars are being pulled back. We don't have a VLF solution. And then all the issues that we've talked about, even Today we would be able to fully Fund the Equitable Pathways payroll program, for example, with the same amount of money.
- Christopher Cabaldon
Legislator
So it's a tough, I mean it's a steep hill to climb in order to get to $20 million for the consultant. But I appreciate that and I'm thankful that you've come to share with us more of the details. But I think we've got probe together.
- Erika Li
Person
I want to just be able to say that it's not just $20 million. We are going to be looking at the savings side of this as well. And so for these three departments, we're estimating hundreds of millions of dollars in savings in the budget year and growing beyond that based on some of these efficiencies.
- Erika Li
Person
And I know LAO has concerns based on our previous experience and what we were able to achieve in terms of savings. We have higher expectations with the expertise that we will be able to bring in and with the continued sort of process improvements over time.
- Erika Li
Person
So I just want to note that it's not an understand, believe me, I definitely understand the gravity of this budget being the third of three deficit budgets and being left with very few solutions on one hand, but really trying to see what we can do to create savings in some of our large General Fund programs in the future so that we don't have to have conversations about things that we need to put on the chopping block programs that are priority programs for this Administration as well as for the Legislature.
- Erika Li
Person
So I just want to make that point that this is to achieve palpable savings in the future as soon as budget year.
- Christopher Cabaldon
Legislator
So this would be the sort of the facilitating of the process improvements and then their implementation given that it's not a full bid competitive process and all of that. Like how do we, how are you going to be assured that we're.
- Christopher Cabaldon
Legislator
That the, that the recommendations and the implementation don't lead us to being bound to the same contractor longer term. You know where they their recommendation is. Hey, we've got a great recommendation that we're ready to go help you move forward implementing and it just, it involves a proprietary system that only we operate.
- Christopher Cabaldon
Legislator
And so now you have to contract with us forever. Like how do without the safeguards of the traditional process, something of this scale. How do we assure that we're not on a more fundamental long term basis outsourcing the leadership and the operations of government to a single company?
- Jennifer Whitaker
Person
Our intent was only to do a one year contract that had deliverables and milestones that were attached to certain efficiencies and Improvements that we have agreed upon. We have not got to that point yet because this is not something that's been approved.
- Jennifer Whitaker
Person
But our goal is to have measurable milestones and efficiencies or process improvements that the contractor would adhere to before we would make payment and also for a short amount of window or period of time that we are going to engage with them.
- Christopher Cabaldon
Legislator
Understood, but the firms on the other side of this equation, that is their contractual goal, but their goal is also to create a permanent contractual need by their clients. There's nothing nefarious about that. Everybody knows that's the case. And so it's on us then to assure that we don't allow that to happen.
- Christopher Cabaldon
Legislator
And the process of competitive bidding is largely designed to prevent that from occurring.
- Christopher Cabaldon
Legislator
And because this is both the design stage and then the implementation stage, there's a lot of opportunity for a contractor to try to build in elements that then cause us to have a, you'll be coming back in two years saying, hey, we want to do a no bid contract with that same, it happens to be for that same contractor for these three departments and the work the $20 million will have led to that point.
- Christopher Cabaldon
Legislator
So I'm not expecting an answer today, but I think as we, as you, as we discuss this with you over in the coming days and weeks, that, that to me that's an essential part of protecting the state's interest in the long run against contract capture.
- Erika Li
Person
And I know you're not expecting an answer, but I just want to be able to maybe mollify some of the concerns. Again, this is sort of process and administrative improvements. There actually isn't enough money in here to build a system or to use proprietary for any vendor to come in.
- Erika Li
Person
As we know, some of these systems are costly, require licenses, et cetera.
- Erika Li
Person
So this is really to help with training, help with process to the extent that there may be changes necessary in statute for some of those to go ahead and do that versus be locked in in a single technology system or platform and being mindful of that, obviously safeguards within the contracts.
- Erika Li
Person
But I do think that the milestone payments and really looking at deliverable outcomes versus the inputs is what will help us to look for and keep the vendor accountable for actually performing.
- Erika Li
Person
So a little bit of just more info and you know, obviously understand the concern of being, you know, went to a single vendor for any particular program.
- Christopher Cabaldon
Legislator
All right, then we're going to hold this item open because it is such a, a large General Fund expense, and move on to item 12, which is sales and use tax remittances by used car dealers.
- Christopher Cabaldon
Legislator
After that we'll go to item 13 on Cal Kids and then we will take public comment on all that will be open on all 13 items. All right, so we're going to try to lightning round these next two items given the impending Senate session. So welcome.
- Michelle Linton
Person
Thank you. Good afternoon. I'm Michelle Linton. I'm the chief of the Legislation Bureau, excuse me, at the California Department of Tax and Fee Administration. So just for a little bit of background on this issue, AB 85 was enacted through a trailer Bill in 2020.
- Michelle Linton
Person
To require used car dealers to remit applicable sales or use tax to DMV within 30 days from the date of each sale. This program began as an effort to close the $30 million sales and use tax gap primarily associated with used car dealers and applies to used car dealers ranging from independents to publicly traded companies.
- Michelle Linton
Person
It does not apply to new car dealers that sell used cars. The law allows DMV and CDTFA to implement this program in phases and we have begun implementation of this program in 2021. As of now or as of 2024, CDTFA and DMV have enrolled almost 8,000 dealers from the first two phases of implementation into the program.
- Michelle Linton
Person
These dealers we, we phased in the ones with the highest reporting underreporting risk early on in the program and now we're looking at medium sized and large dealers.
- Michelle Linton
Person
So what we're looking to do here is to exempt from this program any used car dealer that sold 1,000 or more vehicles at retail in the previous calendar year or the current calendar year based on our operational needs.
- Michelle Linton
Person
To effectively administer the program, the dealer has to have timely filed all required sales and use tax returns for the 12 quarterly reporting periods immediately preceding the issuance of the exemption and the dealer has to have timely remitted all payments applicable to those returns, including any required sales and use tax prepayments.
- Michelle Linton
Person
The second part of this proposal would be to consider a used car dealer's taxable vehicle sales that are required reported to DMV as sales and use tax returns filed with CDTFA for reporting periods beginning on and after January 1, 2021 relieving a dealer's responsibility to file a second return for those vehicle sales with CDTFA.
- Michelle Linton
Person
Again, this is about operational efficiency, wanting to reduce the resources that we need to allocate to this program and being judicious about our resources in the sense that we are not allocating resources to already compliant dealers.
- Christopher Cabaldon
Legislator
All right, Senator Smallwood-Cuevas any questions or comments. So just a note on this, I think in an environment in which we sort of place more burdens on the smallest, on the smaller businesses, has a higher burden of proof to be made.
- Christopher Cabaldon
Legislator
So we're going to hold this item open, but I think we just make sure that what we're doing is equitably applied and we're not favoring because even though they're like sized dealers, less than 1,000 vehicles might be higher risk. That's not necessarily true for the individual. And that individual is still competing.
- Christopher Cabaldon
Legislator
If they're selling used cars at the lot in Rio Vista, they're still competing with the large dealer in Vacaville. And the fact that there's higher risk ones in Palm Springs or something is really not relevant to them. But we are affecting the market by imposing some additional burdens on the small ones.
- Christopher Cabaldon
Legislator
So I just want to, I want to learn and understand more about that from folks. But I appreciate what you're trying to do at the state level. But I think anytime we're like, hey, we have these rules, but they don't apply to the biggest players that we just, they deserve a second look.
- Michelle Linton
Person
Yes. And as you mentioned, I just want to be clear that we're solely looking at compliance and not necessarily on the size of the business, but those businesses happen to be the most compliant because they do have the most sophisticated tax teams that can knowledgeably apply the law.
- Christopher Cabaldon
Legislator
Okay. All right. Thank you very much. I'll go to our final item, which is this Cal Kids Program Administration and implementation funding, workload adjustment and tax preparation service, no notification trailer Bill Language with the Scholarship Investment Board. And then following this item, we'll take public comment on all 13 of our items.
- Christopher Cabaldon
Legislator
And because of that, I think we may. I don't know, I haven't been outside. We may have a fair amount of public comments, so we do want to make sure. And the Senate Floor starts at 2 o' clock, so we would like to proceed very expeditiously through the items. Thank you. Welcome.
- Aman Singh
Person
Hi, I'm Aman Singh from the Department of Finance and I'll be providing a brief session summary of the Governor's Budget proposal for Cal Kids, which is the California Kids Investment and Development Savings Program. This is an early scholarship program administered by the Scholarship Investment Board.
- Aman Singh
Person
The Governor's Budget approved a budget change proposal for Cal Kids Program Administration and implementation in the amount of $566,000. Ongoing General Fund. This will support three permanent positions which are two AGPAs and one staff services manager, one position for marketing and outreach efforts, as well as provide administrative support for the growing number of Cal Kids savings accounts.
- Aman Singh
Person
There's also a trailer Bill item proposed in the Governor's Budget which I'll hand over to my finance colleague, Chris Hill.
- Chris Hill
Person
Chris Hill, Department of Finance as my colleague indicated, another element of this proposal is to require to get notifications out there to eligible persons to require tax software preparation providers to include a notification whenever someone files a tax return and they claim a dependent to include a notification in the software that they could be eligible to file for Cal Kids and to participate in the program.
- Noah Lightman
Person
Noah Lightman with the Scholarship Investment Board. I serve as a staff service manager. Again, our board oversees both the 529 College Savings Plan and this newer Cal Kids State scholarship program that just launched in 2022 for newborns and eligible low income public school students.
- Noah Lightman
Person
And we're appreciative of the administration's proposal to increase our staffing and find other opportunities for families to become aware of this program.
- Christopher Cabaldon
Legislator
All right, thank you. Legislative Analyst Office hi, good afternoon.
- Natalie Gonzalez
Person
Natalie Gonzalez with the Legislative Analyst Office. Regarding the three staff positions, we recommend approving the two staff positions. However, we recommend rejecting the manager position at this time time. Our main concern with this position is that it's primarily focused on Cal Kids marketing and outreach efforts. But scholarshare's largest Cal Kids marketing effort is already underway.
- Natalie Gonzalez
Person
Specifically, the Department is spending $7.5 million on a two year Cal Kids marketing campaign with an external marketing firm. Due to this, we recommend revisiting the need for the position after that campaign is completed.
- Natalie Gonzalez
Person
And scholarshare has been able to analyze those efforts to better understand the most cost effective ways to Increase the Cal Kids Claim rate Regarding the trailer bill language, we do have some concerns with this proposed language. Scholarshare already sends a notification letter directly to families notifying them that a Cal Kids account has been opened on their child's behalf.
- Natalie Gonzalez
Person
By comparison, this proposed tax notification has the potential to miss families who do not use a tax preparation software provider to file their taxes. Additionally, it will potentially notify families who are ineligible for a calkids account. The notification could also make the tax filing experience longer and more complicated for users.
- Natalie Gonzalez
Person
It could establish a precedent for other state agencies wanting to implement a similar notification for public programs that, like Cal Kids, are neither a tax credit nor deduction.
- Natalie Gonzalez
Person
Lastly, we believe that it's too early to implement this proposal given as just discussed, Cal Kids is currently working on some marketing efforts and and scholarships in the process of understanding which of these marketing and outreach efforts will yield the highest results. Given these reasons, we recommend rejecting the proposed trailer bill language at this time. Thank you.
- Aman Singh
Person
Finance Any follow up comments in response to the LAO Hi the Administration remains in strong support of the Cal Kids program and acknowledges that the program will need additional resources to continue its upward trajectory and our position is that the budget change proposal will allow for Cal Kids to reach that their intended targets, which are a 20% year over year growth rate and number of counts claimed.
- Aman Singh
Person
The manager position that my colleague from the LAO referred to will be more of a specialist position rather than a supervisory position and I invite my departmental colleague to comment more on this.
- Stan Zeto
Person
Stan Zeto, Deputy Director with the Scholarship Investment Board. Thank you Chair, Members of the Budget Committee.
- Stan Zeto
Person
This manager position will be non supervisory as our Department of Finance Representative mentioned for overseeing key marketing and outreach efforts, specifically with the program, including oversight with our large marketing contract with our firm, as well as additional partnership and strategic expansion and development of strategic partnerships with a variety of organizations including LEAs, nonprofit organizations and whatnot, and also facilitating and moving along other media efforts public relations coordinations with further amplifying the program's presence within the state to increase participation and then with that.
- Noah Lightman
Person
Yeah, I just want to add to that SIB has also undertaken fundraising efforts to secure philanthropic funds to support some of these marketing efforts.
- Noah Lightman
Person
So although the State General Fund appropriation will be expiring, as our colleagues at the LAO noted, SIB is working to secure other funds that this manager specialist position would be working to implement.
- Christopher Cabaldon
Legislator
All right, thank you Senator Smallwood-Cuevas, Any questions or comments? I'll just note I pretty much line up with LAO on all the all the recommendations on this one, I think it's an important program. But I think the concern about the just given the general fund condition, the SSM is well placed.
- Christopher Cabaldon
Legislator
And I am concerned about having the state start to commandeer tax preparation which is already complicated for residents who don't pay for their own accountants or whatever. They can't afford all that. They just use a piece of software. Having notifications keep popping up all the time. It does create.
- Christopher Cabaldon
Legislator
It reminds me of my syllabus as a faculty member where between the state and the academic Senate I was required to add I think 82 different provisions to my syllabus to tell students about this service and that service and what have you. And they just don't read it. They don't read the syllabus at all anymore.
- Christopher Cabaldon
Legislator
So we have to be attentive to the user experience here. And the taxes are already super complicated and to be reminded every year because you have a dependent, even though that dependent might be an elderly parent or somebody else to be constantly queued with this stuff is problematic.
- Christopher Cabaldon
Legislator
And then I do worry that if we do this here, then, then I and 119 other people, plus the Governor will all think hey, I have 16 other ideas of things that we should be requiring the tax preparation software folks to use. So I'm just very skeptical of it in this case.
- Christopher Cabaldon
Legislator
We should let the marketing campaign as the launch happens do its job and we can revisit the question of tax prep or other of other approaches later. But to me that the trailer bill language, there's more questions to be answered at least before I could support it.
- Christopher Cabaldon
Legislator
But I think LAO raises some good points about the human experience in that process. So we're going to leave this open. Thank you very much. We're now going to proceed to public comment and we're inviting public comment on all of the items that we've heard today in the Subcommitee, all 13 items.
- Christopher Cabaldon
Legislator
And so please, as you're already doing, line up at the stand up microphone. And we have a lot of items and a lot of folks so we would please ask that you keep your comments brief. Welcome.
- Yesenia Jimenez
Person
Thank you. Chair and Members. Yesenia Jimenez with End Child Poverty in California and a proud Youth and Outreach Subcommitee Member for the Hope Accounts Program including Liberation in a Generation marked by Covid and John Burton advocates for youth.
- Yesenia Jimenez
Person
In my comment I'm here to thank the Senate and the Governor for their leadership in creating the groundbreaking Hope Accounts Program.
- Yesenia Jimenez
Person
This investment represents a historic step toward closing the racial wealth gap and addressing intergenerational poverty in California we hope accounts were promised to more than 55,000 children who have suffered the unthinkable either losing a parent to Covid or growing up in foster care.
- Yesenia Jimenez
Person
I've had the great privilege of working with over 20 of these youth, my youngest being 13, who lost his father during the pandemic. These youth have participated in youth panel of experts events, community events, and are molding and shaping the program today to ensure it's a trauma informed program.
- Yesenia Jimenez
Person
They come from disproportionately black and brown families, low income families, essential workers who carried our economy during the pandemic. And I've heard their stories personally. That's why I'm slight emotional. But starting Jan. First, up to 11,000 children become eligible for this Fund.
- Yesenia Jimenez
Person
But the May revisions proposed cut of $50 million to these youth is jeopardizing in your districts. It's nearly 7,000 foster youth in SD3, nearly 32,000 foster youth in SD28, nearly 3,600 foster youth in SD6 and over 10,000 Covid bereaved children across the state.
- Yesenia Jimenez
Person
I stand here because I, like the State of California, believe in these youth and therefore urge you to keep your collective promise to them. The HOPE Accounts program is more than a promise. We owe it to more than 55,000 children to turn loss into legacy. I urge you to fully restore the $100 million investment. Thank you.
- Ian Gabriel
Person
Thank you. Good afternoon, Chair and Members of the Committee. My name is Ian Gabriel. I'm Director of Collective Impact at Lift to Rise. We're a nonprofit organization based in Riverside County's Coachella Valley.
- Ian Gabriel
Person
We lead and anchor a regional housing affordability initiative that brings together over 70 partners and is aimed at radically increasing the supply of affordable housing in the Coachella Valley and Riverside County more broadly.
- Ian Gabriel
Person
I'm here to urge your support for state budget request that was submitted via our local Senators Rosalisio Chobog and Steve Padilla to expand the work that we've already been able to achieve together with our partners in the Coachella Valley of actually getting affordable housing units built.
- Ian Gabriel
Person
Prior to 2018, the Coachella Valley saw an average of 38 units of affordable housing built per year, which means in many years there was nothing built. Now we've moved our regional pipeline all the way up to 9,300 units planned or underway. A big part of that has been our regional We Lift Catalyst Fund.
- Ian Gabriel
Person
It's a revolving loan fund that Lifterize built that leverages CDFI capital and a Riverside County investment and a state investment from 2022.
- Ian Gabriel
Person
VR then Assembly Member Eduardo Garcia, that the fund is represents a portion of our requests and gets at a lot of what was being discussed earlier around the need to actually invest state dollars into the production of affordable housing. It's a revolving loan fund.
- Ian Gabriel
Person
So an investment in this fund would be matched by our CDFI partners, but then also be able to be used in perpetuity over and over as a revolving loan fund. And it funds. So far, it's funded over 900 affordable housing units, including 30 homeownership units in the Coachella Valley.
- Ian Gabriel
Person
We're asking for the state Legislature support in carrying our request to further this work that's already working in the Coachella Valley and actually getting affordable housing units built. Thank you for your time. Appreciate it.
- Christopher Cabaldon
Legislator
Thank you. Just a quick time check. We have about 10 minutes to hear from everybody else, so if you could please keep your remarks as brief as possible. Thank you.
- Amy O'Gorman
Person
Thank you, Chair Cabaldon and Members. I will be brief. Amy O' Gorman-Jenkins on behalf of the California Cannabis Operators Association, wanting to express our appreciation and support for the governor's May revision proposals to bolster illicit market enforcement and not at the expense of the licensed cannabis industry through increased fees.
- Amy O'Gorman
Person
However, we would also to ensure those enforcement efforts are effective, we urge you to also include a freeze of the cannabis excise tax at 15%. A jump to 19% represents about a 25% increase. This will hurt consumers and it will hurt the license market. So we urge consideration of the freeze into the trailer bill.
- Jennifer Lane
Person
Good afternoon, Chair Cabaldon and Members of the Committee. My name is Jennifer Lane. I'm Policy Chair of California Arts Advocates, statewide arts and culture advocacy and lobbying organization. We respectfully urge you to reject the governor's May revision to revert 11.5 million for the Equitable payroll fund.
- Jennifer Lane
Person
This proposal comes on top of troubling trends of deep and disproportionate cuts to arts and culture funding in California. Since 2023, the state has slashed over 70 million in previously improved approved investments. If the Equitable Payroll Fund is also eliminated, the consequences for California's live theater and small performing arts organizations will be devastating.
- Jennifer Lane
Person
I also want to reiterate that this program is already well underway. As Senator Smallwood-Cuevas noted, it was opened on March 10, closed on March 20, just 10 days. These organizations are relying on these funds to keep their doors open. I'm also a Member, appointed Member of the California Creative Economy Work group.
- Jennifer Lane
Person
And I just want to state our creative economy is a huge contributor. This is a Jobs creator and a jobs retainer. So we urge you to reject these proposed cuts. Thank you.
- Rebecca Marcus
Person
Good afternoon, Chair and Members. Rebecca Marcus, on behalf of the California Public Defenders Association and our colleagues at the San Francisco Public Defender's Office, we strongly oppose the proposed budget trailer bill expanding the authority of the Department of Cannabis Control Enforcement discussed in item 8. The proposal has a number of troubling aspects.
- Rebecca Marcus
Person
Many were brought up today by the members. Thank you very much. We have laid out our concerns in a detailed letter submitted to the Committee.
- Rebecca Marcus
Person
But on a high level, this proposal is a significant, significant expansion of this government agency's authority, likely violates the Fourth Amendment as well as the California constitutional protection against unreasonable search and seizure and has insufficient protections against overuse or abuse.
- Rebecca Marcus
Person
We agree with the Committee that this policy change or comments made by this Committee that this policy change should be brought before the appropriate policy committees in order that this Bill be assessed for constitutional deficiencies and so that all stakeholders may receive notice and have a robust discussion. Thank you.
- Eduardo Martinez
Person
Thank you, Mr. Chair. Eduardo Martinez here on behalf of Actors Equity. We're a national union of 51,000 actors and stage managers in the live arts. So as you can imagine, we're opposed to the 11.5 million cut to the performing arts Equitable Payroll Fund. I really want to thank Senator Smallwood-Cuevas again for her comments.
- Eduardo Martinez
Person
This program was days away from getting funding out the door. Days away. A program administrator was selected in November. The program launched in March. Like my colleague said, it was closed 10 days later from the huge, overwhelming response from the nonprofit performing arts community.
- Eduardo Martinez
Person
And taking these funds away now will be devastating and not something that we can necessarily put back and fix. So I urge you to reject these cuts. Thank you. Thank you.
- Kristin Heidelbach
Person
Good afternoon. I'll be very brief. Kristin Heidelbach here on behalf of UFCW Western States Council, Regarding Department of Cannabis Control shift in funding. We represent thousands of workers in the cannabis space. And so being very sensitive to Senator Smallwood-Cuevas thoughts on additional enforcement. We are right now looking for additional ways to enforce against the bad actors.
- Kristin Heidelbach
Person
License operators are having a hard time surviving and the DCC needs those tools in order to get rid of the illicit shops. Also appreciate the question in regards to the tier three funding. I think the budget folks gave you kind of a breakdown of how those funds are allocated.
- Kristin Heidelbach
Person
But what we really need to do is dive into those allocations and look at how that money is specifically spent. And then finally, if we could freeze the tax and fold AB 564 into the budget trailer bill. We'd be grateful. Thank you.
- Christopher Cabaldon
Legislator
I can see from our line that we have. If folks talk for more than 45 seconds to a minute, we will not get through. So please.
- Dan Seaman
Person
Duly noted. I'll associate my comments with my colleague from UFCW as well as Ms. Jenkins, Dan Seaman. On behalf of the California Cannabis Industry Association and strong support of the administration's proposals in the space with regard to the illicit market. Also here on behalf of End Poverty California, in respectful opposition to the cuts to the HOPE accounts.
- Sean Fenton
Person
Good afternoon. My name is Sean Fenton. I'm the Executive Director of Theater Bay Area. We support over 200 theater organizations from Mendocino to Santa Cruz and all across the San Francisco Bay Area. Also urging you to reject the governor's proposal to revert the 11 and a half million to the performing Arts Equitable Payroll Fund.
- Sean Fenton
Person
Last week, the San Francisco Chronicle reported on one of our most esteemed Members, Aurora Theater Company, which developed and premiered Eureka Day, which just got nominated for two Tony Awards. But despite achievements like this, Aurora just announced that they will also be suspending operations.
- Sean Fenton
Person
The latest in far too many closures to reverse course now on this fund would be not only devastating, but it would waste all the work that's already been done and risk too many closures in our community. So I urge you to reject that proposal. Thanks very much.
- Caroline Grinder
Person
Hi Chair Members. Caroline Grinder. On behalf of the League of California Cities, we're requesting ongoing funding to address homelessness with a minimum of 1 billion annually for the HAPP program starting with the seventh round this fiscal year.
- Caroline Grinder
Person
We appreciate the governor's previous one time investments to our largest cities through that program, but are disappointed the May revise did not include any new funding for that program. We know that ongoing funding really is key to addressing our homelessness crisis.
- Caroline Grinder
Person
Our cities have told us that 93% of them have concerns about maintaining their existing homelessness over the long term. We know that this comes with accountability. Our cities expect to be held accountable for the money that they spend getting Californians off the streets and into their homes.
- Caroline Grinder
Person
We look forward to working with the Legislature on accountability and ongoing funding for homelessness this year. Thank you so much.
- Jason Bryant
Person
Mr. Chair. Members. Jason Bryant, on behalf of the Western United Dairies and the California Cattlemen's Association in support of CDFA's budget request for animal and human health efforts. We think this gives the state the resources it needs to respond to the next potential outbreak of diseases. So thank you very much for your time. Thank you.
- Raymond Contreras
Person
Good afternoon, Mr. Chair. And Members. Raymond Contreras, White House Public affairs on behalf of Habitat for Humanity California and more specifically, CalHome. CalHome is the only state program that supplies that supports new construction for home ownership. Mr. Chair, you mentioned other programs earlier, but please don't forget about CalHome.
- Raymond Contreras
Person
Unlike other programs, it does not need any federal funding. There is no tax credit program that supports home ownership. CalHome will have a zero balance starting 2026. 100% of Habitat homeowners are first home buyers and the majority are first generation. CalHome is helping to build assets and generational wealth that endure over time.
- Raymond Contreras
Person
It is the only program that has state funding for supply solely for home ownership. Again, this program will help will be out of existence starting in 2026 without any funding from the state General Fund. Thank you.
- Kiana Valentine
Person
Good afternoon, Mr. Chair, Members of the Committee, Kiana Valentine, on behalf of Transportation California, here to register our concerns with the governor's proposed trailer bill that would create a new pathway for VMT mitigation via HCD.
- Kiana Valentine
Person
While housing projects are successful, effective VMT mitigation options, this program would essentially create a pathway for using SB1 and other G tax revenue to build housing projects.
- Kiana Valentine
Person
There is an Assembly vehicle in the Assembly right now where we believe it is a better place to have these conversations and so would urge you to reject this concept inside the trailer bill. Thank you very much.
- Chris Lee
Person
Thank you. Good afternoon, Chair, Members. Chris Lee, here on behalf of the Sacramento Area Council of Governments, have a couple concerns with the VMT mitigation banking trailer bill. First, we think that metropolitan planning organizations are the appropriate regional unit for the bill.
- Chris Lee
Person
And second, we have concerns that the HCD Transit Oriented Development Implementation Program is a little bit too restrictive in terms of where qualifying transit is located in regions like ours. So we'll send language on that.
- Chris Lee
Person
And then for another client issue for urban counties of California, I think we should take a beat and think about does the general plan annual report to Lucy still make sense in the environment where you can go look this stuff up online before we go down the pathway of saying let's standardize these complex reports. Thank you.
- Natalie Spivak
Person
You Good afternoon. Natalie Spivak with Housing California. We're very concerned, of course, about the lack of funding for affordable housing and homelessness in the state budget. On the production side, There are over 46,000 affordable units that are permitted and can immediately begin construction with state funding.
- Natalie Spivak
Person
We urge funding the state Low Income Housing Tax Credit Program, which effectively leverages federal funding, as well as the Multifamily Housing program, which helps the state reach deeper income levels. The May revision also puts the continuous appropriation for the Affordable Housing and Sustainable Communities program at risk, which is the state's only significant ongoing funding source for production.
- Natalie Spivak
Person
And losing or reducing it at a time when there's no funding in the budget would cause the affordable housing pipeline to grind to a halt. On the homelessness side, we urge the funding of a seventh round of HAPP without which shelters will close, cities will stop providing life saving services and homelessness will rise.
- Natalie Spivak
Person
I'll also note that we strongly support the trailer bill language for the VMT reduction option that's also based on a bill that Housing California is co sponsoring. So we can continue to have that discussion, but finally want to express our strong support for the creation of the new Housing and Homelessness agency.
- Natalie Spivak
Person
And though as it's been said, state reorganization can't be a substitute for investments, we believe that an agency singularly focused on housing and homelessness will enable more effective and efficient delivery of state resources. And programs in particular really support the creation of a One Stop Shop.
- Natalie Spivak
Person
Though to create a true one Stop Shop, it's important that TCAC and Sidlac, which administer bonds and tax credits that serve as the common denominator for all affordable housing programs, are also coordinated with in the creation of that One Stop Shop. And I see you waiting for me to finish up, so I will say thank you.
- Justin Garrett
Person
Justin Garrett, with the California State Association of Counties in strong support of ongoing HAPP funding. And around 7 of HAPP funding at $1.0 billion is a top county homelessness budget priority. We appreciate the supportive comments from the Chair and Subcommitee Members. It's tremendous that with recent state investments we've been able to slow the growth of homelessness.
- Justin Garrett
Person
But we know that the only way to reduce homelessness is to invest ongoing funding so counties and others can make ongoing investments. And so we urge your support for an additional round of funding and happy to follow up with additional information on the pilot program that was referenced in the discussion. Thank you.
- Katie Davey
Person
Good afternoon, Chair and Members, Katie Davey with the Dairy Institute of California here in support of the Governor's May revision budget proposal. Request for CDFA to continue ongoing animal agriculture health support. Thank you.
- Kim Lewis
Person
Good morning. Kim Lewis representing the California Coalition for youth. That would just echo on the HAPP funding and the homelessness dollars around housing. We support ongoing investments for that. We need things for our young people. We need housing for them because they don't have credit, they don't have rental histories.
- Kim Lewis
Person
It's really important that we create things for them and support your Ongoing investments. Thank you. Hi.
- Graciela Castillo-Krings
Person
Graciela Castillo-Krings on behalf of the California Housing Consortium. Ditto to everything my colleagues are saying to what the Committee has said also about additional funding for affordable housing. The only thing that I would disagree with my colleagues on is there are conversations about the TCAC and CITLAC committees being combined.
- Graciela Castillo-Krings
Person
We don't think at this time that is necessary. Given that those are working really well. Maybe we need to give the reorg a little bit of time before we actually move them forward. Thank you.
- Lewis Brown
Person
Good afternoon to the Chair and Members of the Committee. Lewis Brown Jr. with the Corporation for Supportive Housing. I'd like to echo what my colleague said about the need for affordable housing funding as well as funding for hap.
- Lewis Brown
Person
I'd like to also add that we're concerned that a failure to Fund HAPP this year in the budget will leave local jurisdictions without critical resources to address homelessness come mid-2026, when we can expect potential increases in homelessness due to cuts, drastic cuts in federal funding, including cuts to the housing choice voucher program.
- Lewis Brown
Person
California is expected to lose 15,000 emergency housing choice vouchers as well as cuts to federal programs that serve low income communities and other vulnerable populations and thereby indirectly help to address homelessness.
- Lewis Brown
Person
We'd also like to say that we oppose the inclusion of the governor's recently released model ordinance related to homelessness in any accountability plans for HAB or other homelessness or affordable housing programs that policy. Those ordinances, evidence shows, don't really solve homelessness or in campus. They just move the crisis around from community to community. Thank you.
- Christopher Cabaldon
Legislator
All right. We reached the point where we basically have to do me toos for those of you who are familiar with this place, because it's not optional for us. At 2 o' clock, the sergeants can down and forcibly cause us to go to the floor. So we are, we. We need to. We have to wrap very quickly.
- Christopher Cabaldon
Legislator
So if we could just. If you could just state your position. We don't have the. Unfortunately, we don't have time for the extended arguments.
- Andrew Grace
Person
We got Andrew Shane from End Child Poverty California on item 10 in very strong opposition to the reduction on Hope account funding. Thanks for your comments.
- Alexandra Levy
Person
Hi. Alexandra Levy, on behalf of the California Poultry Federation. We just want to emphasize the urgent and ongoing need for adequate to respond to animal health threats, including bird flu. Thank you.
- Rachel Shakluna
Person
Hello. Rachel Shakluna, on behalf of the Institute for The College Access and Success, or better known as TCAS, supporting the governor's request for statutory changes which allow the BPPE to draw funds from the STRF. And we just hope that this is a structural or. I apologize. In support. Thank you.
- Whitney Francis
Person
Good afternoon. Whitney Francis with The Western Center on Law and Poverty aligning our comments with the End Child Poverty Coalition on item number 10 to. To fully restore the $100 million investment in the Calhope account. Thank you.
- Steven Finnaroli
Person
Chair and Members. Steven Finnaroli with the California Farm Bureau in support of item number seven and prioritizing funding to CDFA. Thank you.
- Dennis Albiani
Person
Dennis Albiani on behalf of the California Grain and Feed Association, the Association of California Egg Farmers and the Pacific Egg and Poultry Association, we are associating our comments with item number seven for CDFA and increased disease prevention. Thank you.
- Trisha Garage
Person
Good afternoon. Chair and Members. Trisha Garage here with Agricultural Council of California. Also in support of it. Item 7, CDFA funding for outbreak and to better protect in the future against outbreaks. Thank you.
- Sarah Cat
Person
Sarah Cat on behalf of the Rural County Representatives of California speaking in support of item 8, the Department of Cannabis Control's proposal to address illicit cannabis activity. Also support the LAO suggestion to make the low population threshold for a jurisdiction set at 10,000. Thank you.
- Vincenzo Caparelli
Person
Hi. Vincenzo Caparelli. On behalf of CALCOG, registering concerns with item number two for lack of clarity on how it will impact regional VMT programs. Thank you.
- Mark Stivers
Person
Mark Stivers of the California Housing Partnership. I just want to send you off the session with a big thank you for your forceful words on affordable housing. We're with the coalition that Natalie mentioned on affordable housing and homelessness. And then on the reorganization. I encourage you to support it.
- Mark Stivers
Person
Think of it as good government and we can move on and then start the work of getting TCAC and SIDLAC aligned with the administration's programs. Thank you.
- Christopher Cabaldon
Legislator
Thank you. Appreciate everyone. I know we were going to run out, but I just want to really give a lot of appreciation to the staff of the Senate Budget and Fiscal Review Committee who have been working constantly since the Governor released the May revision. I know.
- Christopher Cabaldon
Legislator
Sending me updates at all hours of the night on every day of the weekend. I know that. Senior A. It's a huge Herculean lift that made this possible. And then to thank Senator Smallacuevas for. And Senator Niello as well. But we've been going at this for five hours and we've. We still have lots left to do.
- Christopher Cabaldon
Legislator
But very much appreciate that. Thanks to all the folks from the public who participated today and all the agencies who joined us. This meeting is adjourned.
No Bills Identified
Speakers
State Agency Representative