Assembly Budget Subcommittee No. 5 on State Administration
- Sharon Quirk-Silva
Legislator
Good morning and welcome to the Assembly Budget Subcommitee 5 on State Administration. We will be holding two hearings, one today and one tomorrow, to review the proposals put forward in the May revision. Is this on the right way? All right. Is that better?
- Sharon Quirk-Silva
Legislator
All right. Again, I am Assembly Member Sharon Quirk-Silva. We're pleased to have you. Just so you know, we will have Members coming and going as there's many hearings today. This is an in person hearing with all panelists testifying in person. Our hearing is informational today and open to all Members of the Assembly.
- Sharon Quirk-Silva
Legislator
I want to welcome back our friend here. We will take questions from Members of this Subcommitee after each panel. Public comment will be taken at the end of the hearing and will be limited to one minute. We are going to do a few things out of order. So we will.
- Sharon Quirk-Silva
Legislator
We will be hearing item number one and then we will move to which item is that? The veterans. Then we are going to allow our veterans to come up after item number one to do their presentation. And then we will be doing some of that as we want to make sure we don't keep our veterans waiting.
- Sharon Quirk-Silva
Legislator
So with that, we are going to begin. And we'd like to ask our panelists to come up for item number one. Business, consumer Services and housing agency. Before we begin our official hearing. We do have two Members. If either of those Members would like to make any opening comments.
- Sharon Quirk-Silva
Legislator
Yeah, if we need an extra space, we can be up there on the dais. I know we have lots of people here today. We do want to welcome and thank our esteemed panelists. Secretary Tamika Moss and I will let the remainder of you introduce yourself.
- Sharon Quirk-Silva
Legislator
But we know that there has been many testimonies in the last week or so, again, for the public's benefit, assuming we have people watching us out there. This is part of how we do the budget. And we talk about items, we bring back items, we talk about them again, we negotiate back and forth.
- Sharon Quirk-Silva
Legislator
So this is the California budget in action. Welcome. Issue number one, and I will let you go ahead and begin.
- Tameka Moss
Person
All right. Can you hear me? Yes. All right. Good morning, Chair. Good morning, Assembly Members. My name is Tameka Moss, and I'm the secretary of our Business, Consumer Services and Housing Agency. Thank you so much for having us this morning. I'm really excited for our conversation.
- Tameka Moss
Person
We're finally here to talk about the entire proposal, which I'm thrilled about. We are requesting resources to support our 2025 governor's reorganization plan. This is really a culmination of Years of advocacy, hard work, dedication to ensure that state government continually reflects and evolves and strives to deliver services and outcomes that Californians need and deserve.
- Tameka Moss
Person
And I'm really proud of the work that this agency has accomplished. Many of my teams will be here today talking to you about their proposals. And we have navigated an overwhelming amount of policy areas, increased responsibilities and impact. But it's really time to recognize that we have outgrown our current structure at bcsh.
- Tameka Moss
Person
This proposal makes key structural changes to increase our ability to positively impact California across our agency's entire portfolio. The Business Consumer Services Agency will provide effective and efficient consumer protection, business and professional regulation.
- Tameka Moss
Person
BCSA will also be able to provide more direct support to its departments, allowing them to more quickly adapt to industry changes, strengthen oversight and better protect Californians. Our industries and people deserve nothing less from us.
- Tameka Moss
Person
On the other side of our portfolio, the California Housing and Homelessness Agency will provide clear direction and guidance to address to address the entire housing policy continuum from people experiencing homelessness, those renting affordable apartments, to those buying their first homes. Combined with this proposed change is our Housing Development and Finance Committee.
- Tameka Moss
Person
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 that we have more for more affordable homes as we move forward.
- Tameka Moss
Person
This reorganization will improve the state stewardship of existing resources, including improving internal processes for administering that funding and holding our grantees accountable for results. Now more than ever, California and Californians deserve the best version of their government.
- Tameka Moss
Person
And this proposal helps to provide just that, be it consumer protection or any of the work we do along our housing continuum. Creating more policy aligned agencies will give each secretary and its staff the ability to devote their time to a narrower policy focus, leading more specialized staff. Policy expertise and outcomes.
- Tameka Moss
Person
Strategic planning and analysis can be dedicated to a single policy area, which will allow us to to have deeper coordination and implementation in this work. We look forward to your questions. I'd love to introduce my colleagues at the table as well. Thank you.
- Gustavo Velazquez
Person
Thank you, Madam Chair. Good morning, Assembly Members. I am Gustavo Velazquez. I'm the Director of the Department of Housing.
- Gustavo Velazquez
Person
I'm the Director of the Department of Housing and Community Development. Under my leadership at HCD for the past five years, this Department has provided financing for more than 60,000 new affordable homes. Help local governments plan to accommodate 2.5 million new homes and enforce California's robust housing laws to create more housing opportunities.
- Gustavo Velazquez
Person
I am immensely proud of the work that my colleagues at HCD have accomplished and believe that creating this agency, the California Housing and Homelessness Agency, will provide the right structure to our momentum and our progress towards more housing and the reduction of homelessness.
- Gustavo Velazquez
Person
Creating the agency will provide dedicated leadership and focus on housing and homelessness at the Cabinet level, which will reinforce this administration's work across the entire housing continuum from homelessness to homeownership.
- Gustavo Velazquez
Person
Collectively, these changes will strengthen HCD's ability to be nimble to focus on key areas like data collection and report for better decision making, Administration of Federal Programs, and of course, our very important work of overseeing state law, housing policy and housing accountability.
- Gustavo Velazquez
Person
This will allow the state to give housing and homelessness the ongoing attention that all of these critical issue areas deserve. I look forward to the discussion.
- Amy Manisero
Person
Good morning. Amy Manisero, Deputy Secretary for BCSH over Admin and Fiscal Policy. Thank you for having us here today. And I'm here to answer any questions you may have on the proposal in front of you requesting resources as part of this reorganization.
- Megan Block
Person
Yes, Megan Tokonaga Block, Department of Finance I did want to comment on the need for resources in the budget year to effectuate this proposal. While one option would be deferring funding decisions to next year, we do believe that resources are required in 2025-26 to effectuate the new agencies by July 12026 as proposed in the reorganization plan.
- Megan Block
Person
The budget proposal identifies a number of tasks that need to be completed in the budget year. This includes establishing delegation authority for hiring, procurement facilities, contracts, et cetera. It also identifies organizational change management to support the transition of programs and roles across impacted departments and personnel.
- Megan Block
Person
And finally, work by the Housing Development and Finance Committee would stand up a new methodology of allocating resources in a single one stop shop so that the new methodology can be used in subsequent fiscal years. Withholding resources beyond the beginning of the fiscal year would delay the implementation and may hinder success of the reorganization plan.
- Amy Manisero
Person
Charlene Manning, Department of Finance Are those mics on? Okay, happy to answer any questions.
- Paul Steenhausen
Person
All right, There you go. Welcome. Thank you. Good morning. Paul Steenhausen with the Legislative Analyst Office. I was thinking about your comment last week, Madam Chair, at the Joint Hearing on reorganization. Your comment that the timing doesn't match up between the state's budget timeline, the state budget process and the reorganization review process.
- Paul Steenhausen
Person
In our view, approving this proposed may revise funding for the June budget before deciding on the Legislature's position on the reorganization itself would be kind of like putting a cart before a horse. You know, the expression form follows function. Well, financing follows function, too.
- Paul Steenhausen
Person
And so there's even more to consider, though, because beyond just the challenging timing is with the Legislature needing to address this budget deficit, is that this may revision proposal, it's not a savings. It's not even cost neutral. It's resulting in an increase in resources that are needing on an ongoing basis, so an ongoing commitment to the state.
- Paul Steenhausen
Person
So the statute lays out the process and timeline for the Legislature to consider the Little Hoover Commission's recommendations and on the reorganization. The Administration wasn't able to get that plan to the Little Hoover Commission until last month.
- Paul Steenhausen
Person
And so now the Little Hoover Commission has that report, is working on it, has it until June 4th, I believe it is, to produce a report for the Legislature's review. The Legislature then has until July, per the statutory timeline, to make a decision whether to accept it, modify it, or reject it.
- Paul Steenhausen
Person
So given that the review of the plan is in process, the General budget condition of the state and the cost of this proposal, which is $4 million General Fund in the budget year and then increasing to 6 million annually thereafter, we recommend the Legislature reject without prejudice this proposal and the Legislature could instead make a funding decision as part of next year's process, or the Legislature could come back in later in the summer and make kind of an appropriate appropriation based on the Legislature's vision through a budget Bill Junior Or that sort of process.
- Unidentified Speaker
Person
Thank you. Any comments? Heather Gonzalez Lao here for questions. All right, thank you.
- Sharon Quirk-Silva
Legislator
We have a full house as far as ready for questions. We have additional Members. I'll go ahead and open it up to Members and Members, you can introduce yourself as you make your questions.
- Carl DeMaio
Legislator
Thank you very much. Kind of confused. We're getting two for the price of two and a half, it seems here with this reorganization plan, I'm not sure throwing another bureaucracy at a problem is a way to get better performance.
- Carl DeMaio
Legislator
And so as I'm trying to look through this proposed reorganization, which, as has already been pointed out, does not follow the standard process and seems a little haphazard and rushed, I'm trying to figure out, are we going to get better oversight of the billions and billions and billions of dollars we're spending on homelessness programs.
- Carl DeMaio
Legislator
I mean, voters were just talked into, which would be putting it politely, approving Prop 1 in the March 2024 election, which is taking out the Credit card and borrowing billions more. This is on top of 24 billion spent since Newsom took office in 2018.
- Carl DeMaio
Legislator
24 billion that we actually can't track and show results on most of that money. And of course, the Newsom Administration refuses to allow outside audits of a lot of those funds. So my question is really related to this agency. What can it do to ensure the appropriate expenditure of funds?
- Carl DeMaio
Legislator
You have a statewide Homelessness Accountability and Compliance Unit. Is that correct? Okay. And you're asking for increased funding for that unit, increased staffing?
- Carl DeMaio
Legislator
Okay. So how much are you spending on the Homelessness Accountability and Compliance Unit? Another budget item?
- Gustavo Velazquez
Person
Yeah, I don't have those numbers with me, but I'm happy to have my team.
- Carl DeMaio
Legislator
Well, it looks like $902,000 in 2025 and 2026 through 2027560,000 thereafter. And I didn't get that.
- Sharon Quirk-Silva
Legislator
A cell Member doing my own. But we're to going to focus on the reorganization on this.
- Carl DeMaio
Legislator
Okay. The reason why I'm raising it is that that unit is still in another state agency, the Housing and Community Development Agency, which you lead. Correct? You're. You're the head of that agency Department. So that's your Department. That's your budget. These are your staff. They report to you.
- Carl DeMaio
Legislator
So I would assume that you know what they're doing and how much you're spending. So this is the Department of Housing and Community Development. That agency will still have the statewide Homelessness Accountability and Compliance Unit. zero, no, no, no.
- Carl DeMaio
Legislator
But you're going to set up a separate Housing and Homelessness Agency, but that unit's not going to be in there. So where's that unit going to reside?
- Gustavo Velazquez
Person
We're not moving the Housing and Homelessness Accountability Unit. They will stay in the. So they stay in that other agency we have. So. So.
- Tameka Moss
Person
So that I want to make this. This clear. Assemblymember mess. I can clarify for you. So the Housing and Community Development is a Department within the agency. The unit that you're describing is. Is a. Is a unit within the Department that will all be maintained as a part of this reorganization.
- Carl DeMaio
Legislator
Maintained where? Under the New Department for Homelessness or still be a separate Department? No, no.
- Tameka Moss
Person
It will be maintained with an hcd. It will sit within the new Housing and Homelessness Agency.
- Carl DeMaio
Legislator
Okay, so how many audits last year did they conduct of homeless programs, Homeless contracts? This unit. Because they are the statewide Homelessness Accountability and Compliance Units. How many Audits. How many letters of non compliance did they send out as it relates to Housing First Recipients or homeless shelters? Let's just start with those two types of programs.
- Gustavo Velazquez
Person
Thank you for that question. I don't have that information with me. We came here to prepared to answer questions about the reorganization.
- Carl DeMaio
Legislator
Well, I have the answer if you'd like me to answer it. It sounds like this unit focuses on reviewing housing permits, building permits of state and local of local government agencies and telling them when they're in non compliance with their housing goals. Is that correct? Is one of the things that they do?
- Carl DeMaio
Legislator
So they're going to local government saying you didn't approve enough housing projects. They also apparently do oversight on ADUs that may be somewhat related to providing more housing for people, market based housing. But I'm getting to how many homeless shelters, homeless beds, shelter beds and any sort of developer monies that are going.
- Carl DeMaio
Legislator
You just said that you provide financing for 60,000 new affordable homes and several million units. In terms of oversight.
- Sharon Quirk-Silva
Legislator
Assemblymember, we do have that particular item, housing and homelessness funding under our next item. So if you want to hold some of those questions.
- Carl DeMaio
Legislator
I'm close to getting the question the answer because I think I already know the answer. How much actually dealt with housing first funding streams or homeless shelters?
- Gustavo Velazquez
Person
The Housing and Homelessness Accountability Unit deals with the oversight of a multitude of state law and state regulations that ensure that local jurisdictions are planning for their adequate housing need across the income spectrum, including housing that will serve people experiencing homelessness.
- Gustavo Velazquez
Person
I don't have the right information with me right now, but I can assure you that our website.
- Gustavo Velazquez
Person
There is also a new website that the Governor recently announced, accountability.ca.gov has by locality the progress being made for each jurisdiction on the way that these jurisdictions are addressing the crisis of homelessness, including the fact that in the State of California, even though homelessness is increasing by about 3% nationwide, homelessness is increasing by 313%.
- Carl DeMaio
Legislator
Let me cut to the chase. How many staff are in this unit? I know the answer. Why don't you get it on record? How many staff are in this unit that's doing all of this stuff? It's doing building permits, it's doing state housing goals for local government, it's doing ADU compliance.
- Carl DeMaio
Legislator
And of course you say they're working on homeless shelters too, including $24 billion since 2018 of affordable housing or homeless first money. How many staff Members are in this unit doing all this work that includes homelessness Oversight. We don't build any shelters.
- Unidentified Speaker
Person
How many staff are in this unit? It's a very simple question. I don't have. I don't want anything.
- Carl DeMaio
Legislator
There are three attorneys in this unit. Three. Three staff Members. And you're sitting here saying that this unit is the Homelessness Accountability and Compliance Unit. They must not sleep at all because we're talking about $24 billion. You're having them do granny flat compliance. Local housing targets for market based housing which literally has nothing to do with.
- Carl DeMaio
Legislator
With homelessness. These are million and $2 million homes in some of these communities that are being built for housing targets. I'm looking at how many shelter beds and where are we getting actual homeless services for $24 billion. And you're here saying that you're doing all of that with three staff attorneys?
- Gustavo Velazquez
Person
Respectfully, it's not three Members. I know that much. We have at least a couple dozen people working in the Housing Homelessness Accountability Unit. It's a large unit that includes policy specialists on the state law and attorneys. And not even the amount of attorneys. The volume of attorneys is three.
- Carl DeMaio
Legislator
It's more than your budget request puts in for a third attorney position for a total of three relating to the CPRA Public Records Act requests. And I'm sure you're getting a lot of pra. Something Member.
- Sharon Quirk-Silva
Legislator
We're going to get back to that when we get to our item on housing and homelessness. So let's go back to the reorganization. I understand.
- Carl DeMaio
Legislator
The point I'm making here is you have the Governor promised us that this agency was going to provide focus on homelessness. That's what he touted at a press conference. But when you actually look at where the rubber meets the road, you're doing virtually nothing on the issue of the $24 billion of homelessness funding.
- Carl DeMaio
Legislator
Nothing on homeless shelter beds, which we are woefully inadequate on. But you're doing a lot to review granny flats and to tell local governments how to run their building departments. So I know that you say that it's related, I understand that.
- Carl DeMaio
Legislator
But if you're going to do a reorganization, I think the public is going to want more emphasis in a reorganization on accountability, oversight to make sure that we're getting better results. And I'm not seeing that in this reorg plan. Thank you.
- Sharon Quirk-Silva
Legislator
Okay, there we go. I appreciate those comments, but we want to stay focused on the item. And so your concern is there's not enough being done in homelessness and accountability. And if this reorganization happens, you want to see more emphasis on that. Is that correct, Mr. DeMaio? Yes.
- Sharon Quirk-Silva
Legislator
So do we have other Members that have questions on the reorganization?
- Chris Ward
Legislator
Thank you, Madam Chair. I want to thank you for being here to update us.
- Chris Ward
Legislator
You know, I'll go back to where we said in February it would have been maybe more convenient to have had everything initiated around that timeline so that we probably could get to a place here around June 15th where everything sort of threads together at the right time point.
- Chris Ward
Legislator
I'm sure there were circumstances that didn't make that target possible. And so I am warm to the Leo's perspective.
- Chris Ward
Legislator
I share that very much that I would like to be able to see everything kind of worked out in a way that is going to be able to support the budget that is aligned with what we are presented with, what we need to debate with as a Legislature as far as that reorganization so that we're not sort of especially in a very constrained budget circumstance right now.
- Chris Ward
Legislator
You know, every nickel matters. Every dollar certainly matters. So how are we making sure that we are making a responsible decision today based on what we don't know might be the eventual outcome come early July?
- Chris Ward
Legislator
It's just kind of a guiding thought of mine as well that I don't know if you have any other maybe knowledge or rationale to share why we should prematurely authorize some of the contracts or authorize some of the positions that may or may not be something that the Legislature ultimately approves after June 15th.
- Tameka Moss
Person
Thank you for the question, Assemblymember. And I just want to acknowledge that the timing is awkward. I completely understand that. I think what we are trying to do though, is not delay our implementation of this work.
- Tameka Moss
Person
To me, we have been working really hard to make sure that we present a reorganization proposal as quickly as we can signaled in the January budget. We've provided informational hearings to this body.
- Tameka Moss
Person
We've tried to, you know, help folks recognize the sort of overview of what we are, what we are proposing in terms of the two agency split as well as now coming to you all since the full proposal has been public since April.
- Tameka Moss
Person
We want to make ourselves available for any additional conversations and information that you all might need to better understand the rationale for why to move forward now. Any delay Assembly Member to me delays our responsibility to Californians to put our best work forward to making sure that we are providing efficiency and effect, efficient and effective state government.
- Tameka Moss
Person
And so months matter. We have an entire change management proposal. We have an implementation process that we want to get to as quickly as possible to make sure that our staff and our programs are not disrupted during this reorganization, but that we're able to advance and ready for. You know, budgets are cyclical.
- Tameka Moss
Person
We recognize that this is a constrained budget environment. And we also recognize that we want to be ready to administer resources when they come around in the best way that we know how. That's why we are so strident about moving this proposal forward now, recognizing that certainly what the LAO has described is a constraint.
- Tameka Moss
Person
But I do feel like we have presented the entire proposal with efficiency, with our best efforts to keep this as cost neutral as possible.
- Tameka Moss
Person
Using existing positions, transitioning those positions from HCD to the Committee, setting up the Executive Committee infrastructure, working with the staff to make sure they understand what their guidance needs to be in terms of the outcomes that, you know, the Assembly Member was talking about. The public expects us to be delivering our housing goals as quickly as possible.
- Chris Ward
Legislator
Okay, it might be at best a one month delay. But you had mentioned something about an effective date of July 12026.
- Tameka Moss
Person
That would be when the agency is fully operational. We would begin setting up the Housing Development Finance Committee as soon as possible, which is really the innovation in this proposal. That will be the one stop shop that Executive Committee and its duties will be starting as quickly as possible.
- Chris Ward
Legislator
So for what I know today and what I see in front of me, and again, I don't know what the Little Hoover Commission is going to recommend as far as any modifications. I don't know what the Legislature is going to recommend or adopt or, or want to see change in as well in that subsequent negotiation.
- Chris Ward
Legislator
But in best case scenario it might be something relatively similar or maybe with slight modifications to what you've presented that we've had a chance to review starting in April and get a little bit of a Head Start on.
- Chris Ward
Legislator
So I'm not fully convinced that something that is not going to be fully implemented until July 1st of 2026, that a 10 month lead time, or maybe even at best in an 11 month lead time is going to be meaningfully different than a 12 month lean time.
- Chris Ward
Legislator
I feel that there would still be hopefully sufficient time to be able to get ducks in a row so that you can meet the target for full implementation.
- Tameka Moss
Person
I mean, respectfully, as implementers of state government, I think every moment matters.
- Chris Ward
Legislator
It does, it does. For what I know today, for the functions, the departments that would move over to BCSH or sorry, BCSA. Yes. So I see there a approximately 9% reduction in total budget authorization. Is that correct? For Administration. So you're from today's funding level in this budget, you're going from approximately 3.8 million to 3.5 million?
- Chris Ward
Legislator
That's correct. Okay, so reduction there what I don't have here because I have a request for new positions, but not necessarily dollar values attached to that. But certainly overall there's going to be an increase to the CHHA to include the agency housing, HDFC and Cal Ich. Although Cal ICH is supposed to be revenue or cost neutral.
- Chris Ward
Legislator
Okay, so we've got some new positions here. The other sort of mega challenge that I have here is that you've got additional positions here that are Executive that we, I might, I'm inclined to agree.
- Chris Ward
Legislator
We're going to need that level of attention and skill to be able to better administer and oversee all of the programs that we're hoping the state could do a better job for for those outcomes.
- Chris Ward
Legislator
And I, you know, if I heard from my colleague as well, you know, if some staffing is insufficient or is doubtful that you can fully oversee the magnitude of review that we need to say, well, I guess we would agree on that, that we're going to need more.
- Chris Ward
Legislator
I just don't know to what extent more until I fully see that reorganization plan adopted. But furthermore, I don't know what to extent more if going in advance to item two, we're not actually increasing or we're not, we're not reauthorizing additional funds for you to be able to minister in the first place. And we'll have that conversation.
- Chris Ward
Legislator
I do want to see very strongly post may revise, you know, more resources towards our tax credits and our programs that we know are developing and going down the pipeline towards more housing opportunities. But if that ends up being zero at the end of the day, that very much negates any rationale for having more administrative officials. Right.
- Chris Ward
Legislator
There's nothing to administer. It's zero. Or I should say there's far less to administer. And so I'd like to see this, this alignment as it moves forward.
- Chris Ward
Legislator
It would help me provide more justification for the Executive here as well if I know that there's more commitment, ongoing multi year commitment to be able to have things to administer in the first place. So those are things that I'm looking forward to as this conversation does go forward. But I appreciate some update and clarity here.
- Chris Ward
Legislator
I see you sort of training in on what you think you need to have a more perfect system. And I don't necessarily Disagree with that. I'm just going to need to be able to connect the dots a little bit more as my decision time points are coming at me.
- Tameka Moss
Person
Yeah. And. And I just. To respond to that a little bit. Assemblymember. You know, we have a housing goal of 2.5 million homes that we need permitted by 2030, a million of those homes being affordable. And so, in my opinion, we most certainly need ongoing, consistent resources to be able to deliver on our housing goals.
- Tameka Moss
Person
But as implementers of state government, it is our responsibility to steward the dollars that we have in the best way that we can to make sure that we are leveraging every dollar that we are using, every single tool that we have in the toolbox to accelerate and produce housing faster and cheaper.
- Tameka Moss
Person
And that is part of the reorganization and is also about structural reform to make sure that we are removing all the barriers that state government has in its way. We've been in partnership with the Legislature for the last six years.
- Tameka Moss
Person
We've done tremendous work to improve the efficiency of our streamlining, to help local jurisdictions braid their funding more effectively so that they can deliver housing and shelter and all of the things that we expect more effectively. And.
- Tameka Moss
Person
And so regardless of whether or not there are resources that we have billions of dollars in our current pipeline that need to be administered, we want to be able to make sure that the effectiveness of those dollars are our best.
- Tameka Moss
Person
And when resources recycle through as they will, we want to be prepared to make sure that we are accelerating our state's collective goals. And so that, to me, is really the impetus for the leadership commitment, the secretary, the infrastructure.
- Tameka Moss
Person
We need to cement that into state government so that no matter who comes after us, we can't turn our back on the most important issue of our time, which is to ensure that we have housing for everyone who needs it. And that, to me, is what this reorganization is signaling.
- Tameka Moss
Person
I recognize, again, the sort of awkwardness of the timing, but I just really assert that the status quo is unacceptable. Assemblymember. And I think that is what we are really challenging ourselves with, is to give you our best as well as to give California our best.
- Chris Ward
Legislator
I really appreciate a very excellent response, and I hear you loud and clear on that. So look forward to continuing the conversation. I think as we're trying to sort of land on this issue.
- Sharon Quirk-Silva
Legislator
All right. I don't see any other Members that want to speak on this item. I will. I will be making some comments. We have now had numerous conversations in this space, and I've said as I said just a few days ago at our last hearing, it isn't that I'm against the reorganization.
- Sharon Quirk-Silva
Legislator
The timing is not matching up to what we need in our budget. So even if it had and we had the little Hoovers response and it was on time, there is still an issue of this particular budget which we know across the budget there are major hits in so many areas, whether it's ihss, whether it's transportation.
- Sharon Quirk-Silva
Legislator
So there are many, many conflicting areas of where do we prioritize. Generally we're on the same team as far as how we think housing needs to happen in the State of California. But I do definitely feel we need to take a pause here. A month in the scope of two years is not going to change the outcome.
- Sharon Quirk-Silva
Legislator
Much of what you say needs to be done needs to be done now, regardless of this reorganization. I mean the intensity, the focus, the streamlining. I did say this in the last Committee. Many of these pieces of legislation have moved forward under the time I've been on housing.
- Sharon Quirk-Silva
Legislator
Whether it's streamlining for affordable care or affordable housing applications, these are all things that we know the public has asked. We know developers out there have been very, very frustrated by the amount of times they have to go to different agencies. We have a permitting work group.
- Sharon Quirk-Silva
Legislator
There's just so much that has come under this idea of how we move faster. And I think we can all agree we've got to build faster, we got to move faster, we're not going to have these units.
- Sharon Quirk-Silva
Legislator
But the items that kind of are interjecting are if we on the one hand have a budget that the Governor has put forward that is zeroed out housing, this just simply does not match with now growing an agency or a standalone agency.
- Sharon Quirk-Silva
Legislator
And even though we say it's close to cost neutral, there are expenses here, I see in this particular item on page 6 and 7 close to 20 positions coming on the out years. And again, some of this not even being implemented until 2026.
- Sharon Quirk-Silva
Legislator
We will have a new leadership team by then and we don't know what their priorities will be. So again, it's very difficult for me to say let's move forward.
- Sharon Quirk-Silva
Legislator
I get the one month gap, which is even if we got the report and we came back in Aug, the idea is some of the same talking points that I've said, which is I don't disagree with this, but I've been on the Housing Committee now for five years.
- Sharon Quirk-Silva
Legislator
In the January governor's drop of budget, it's the first time I've heard anything about a reorganization. So I feel like there could have been a lot of due diligence along the way to kind of at least talk to people who've been working in this space to understand and then particularly as we continue to see this budget.
- Sharon Quirk-Silva
Legislator
So I don't think it's a surprise, but I don't recommend this at this time. And I'm not even sure, like I said, that at any time, unless we can assure there's dollars in the housing budget. And I guess my one question was, I keep hearing there's billions of dollars out there.
- Sharon Quirk-Silva
Legislator
Some of those dollars are specified for very specific groups and they cannot be used for any types of housing. So when you talk about the billions of dollars, we're talking about CARE Court, I'm assuming some of those dollars, is that correct, or can you tell me.
- Gustavo Velazquez
Person
The billions of dollars for the upcoming fiscal year, including this moment, we have about $3.4 billion to administer. Again, this is in the next several months. At the same time, we're asking to stand up this essential infrastructure to make the work of this, the Administration of this Programs better.
- Gustavo Velazquez
Person
$2.25 billion in HomeKey, plus permanent supportive housing for people experiencing mental health challenges. And for veterans, $775 million for the cap and Trade program, the Affordable Housing and Sustainable Communities program. For our Multifamily supernova, which is a combination of four different programs, $382 million competition. Coming up, the Tribal Multifamily Supernova, $54 million.
- Gustavo Velazquez
Person
And also we have $6 million to administer under SB2, the Permanent Housing Local Assistance Program, PLHA.
- Gustavo Velazquez
Person
So again, in total, $3.4 billion that we will be administering at the same time that we would be standing up this essential infrastructure to administer these programs and programs that will be coming in the future for a better system, system that will save hundreds of millions of dollars, but a truly integrated system of affordable housing financing in the state.
- Sharon Quirk-Silva
Legislator
As you know, we have fought hard for those dollars, including last budget cycle where they were taken out in January, put back in the May revise, which is why we're so upset and I'm going to even use the word angry to see that the Governor has decided to zero out all budgets, including the ones you're talking under the ggrf, under all of those that you were mentioned.
- Sharon Quirk-Silva
Legislator
And the dollars that you have out are going to be expended within the next. How long? Two years?
- Sharon Quirk-Silva
Legislator
Okay, so that money's out or will be out. Will be out. But once it's out.
- Tameka Moss
Person
Then what? Well, and Assemblymember, I think that this is why in lean budget times, frankly, and in lush budget times, we have to be super creative about where we're going to get the financing for affordable housing. I spent two decades advocating for additional housing dollars and homelessness dollars in the State of California, and I am not stopping.
- Tameka Moss
Person
Well, I hope you talk to the Governor. But what I was about to say is we have, you know, the Governor has talked about a housing bond VMT mitigation. We have got to figure out how to make sure that. And I understand that you're shaking your head because.
- Sharon Quirk-Silva
Legislator
No, because we cannot count on the bond and that's not acceptable.
- Tameka Moss
Person
I understand. I'm simply saying these times require us to get creative about how we are going to continue to support and invest in affordable housing.
- Tameka Moss
Person
And I also want to say, Assemblymember, you know, the reorganization is not a new idea. The Little Hoover Commission itself has produced two reports recommending a reorganization that we are suggesting to you all.
- Tameka Moss
Person
So it is not this is not the first go round around proposing to you all our best thinking about how to stand up these two agencies to ensure that they have the leadership and commitment and focus that they all deserve.
- Tameka Moss
Person
And as someone who has overseen this agency over the last year and a half, when I went through my Senate confirmation and I was asked about the mosaic of amazing programs and 40 boards and bureaus, the 12 entities that I oversee every day, I do my best because I am a strong leader committed to our consumer protections and our housing and homelessness goals.
- Tameka Moss
Person
But I assert to you that this reorganization is an investment in your legacy, the work that you all have done to commit to this work for your career, for many of your careers, and it's our contribution to ensuring that it is not in vain, the work that this Administration has done, nor the work that this Legislature has done over the many years to demonstrate to California that we give a damn about this issue.
- Sharon Quirk-Silva
Legislator
Well, dollars speak more than words. So when the Governor finds it to put dollars back into the low income housing tax credit, which is the way we finish these projects, then I will say that the reorganization is a good idea. But unless we have money coming in, we're going to stand up another agency with more dollars.
- Sharon Quirk-Silva
Legislator
And after two years, when those billions of dollars are out, what are you going to have to administrate? So those who are speaking to the Governor let him know this is a priority. With that, do we have any other questions or comments before we let the public weigh in.
- Sharon Quirk-Silva
Legislator
That being said, I respectfully appreciate the hard work. I know that you have been working diligently and I know you want it to be the work that you do to be done even speedier. And I know that you have the best interest in housing Californians. So please don't take my bold comments as a dissatisfaction with you personally.
- Sharon Quirk-Silva
Legislator
With that. If you would like to weigh in on this item, please come. We are having less than 30 seconds for per comment.
- Divya Shiv
Person
Good morning. My name is Divya Shiv with Housing California. Also speaking on behalf of the Corporation for Supportive Housing, I want to express our strong support for the creation of the new Housing and Homelessness Agency. We particularly support creating a one stop shop for affordable housing.
- Divya Shiv
Person
However, it's critical that TCAC and SIDLAC have a meaningful representation on the new Housing Development and Finance Committee so that funding awards can be coordinated. On the homelessness side, we strongly support the formalized coordination between the agency and the Health and Human Services Agency.
- Divya Shiv
Person
And CHHA should also increase alignment with other non housing agencies that provide homelessness programs to maximize their impact. It is important to keep in mind, as you said, Chair. Madam Chair, that the reorganization plan cannot be a substitute for state investments. Thank you.
- Mark Stivers
Person
Good morning. Mark Stivers with the California Housing Partnership. Good morning. Mark Stivers with the California Housing Partnership. And we very much appreciate your comments about the need for extra funding. We are in support of the reorganization plan.
- Mark Stivers
Person
We think it's good government to have a secretary focused on housing and to have a Committee where regulations and awards and appeals will be made and awards will be made in public with a more transparent process.
- Mark Stivers
Person
And we also think that the sooner we get this done that we can start with the conversations about how we truly integrate the administration's programs with the Treasurer's programs and create the true one stop shop that will save us hundreds of millions of dollars. So thank you very much.
- Garciella Castillo-Cranks
Person
Good morning, Madam Chair. My name is Garciella Castillo-Cranks and I'm here on behalf of the California. Housing. Little short. Gracias. On behalf of the California Housing Consortium. While we are supportive of the overall effort here, we are very concerned that this does not go far enough without the dollars that the Committee has been articulating.
- Garciella Castillo-Cranks
Person
The other thing that we would like to raise. I know that some of the affordable housing community would be in a different situation than chc, but we don't believe that right now is the right time to actually combine TCAC and Sidlac. So simply because until we figure out how the reorganization is going to work.
- Garciella Castillo-Cranks
Person
Bringing those two bodies over does not seem like it's the appropriate time until we figure this out first. So with that, thank you very much.
- Kim Lois
Person
Kim Lois is representing the California Coalition for Youth. And we are supportive of the reorganization so that we can have the desired attention to our young people who are experiencing homelessness and believe that the ability for ICH to become more like a state agency will allow us to have that attention for our young people. So thank you.
- Sharon Quirk-Silva
Legislator
Seeing anybody else? All right. With that. Again, we thank you for joining us and we hope to continue conversations. Thank you so much. Thank you. We are going to go to non presentation items. Just a little variance here in the agenda item. And we are going to be hearing from our, from our veterans, please.
- Sharon Quirk-Silva
Legislator
And then any, anybody out there wanting to speak on non presentation items at the same time or if we have any Member who wants to pull anything off, we're first going to hear from the veterans but then after that it'll be during this time.
- Sharon Quirk-Silva
Legislator
All right. And Members, I apologize. We're going out a little order. It's p. It's number 43 on your agenda if you're looking for it. 43p. Sorry. Page 42 and 43. Welcome. Please introduce yourselves. We're happy to have you.
- John Spangler
Person
Good morning. Thank you. Chair Members, my name is John Spangler. I'm the Legislative Deputy Secretary for the California Department of Veterans Affairs. I have with me today Ruth Wilke. To my right, she's our chief of operations for our Veteran Homes division. I have Monica Mitry in blue, she's our budget officer.
- John Spangler
Person
And Carlos Chavez, he's our Chief Project officer for Electronic Health Care Record Project. I've been asked to provide you an overview of the proposals that we have in the May revision. For the California Department of Veterans affairs we have a Calvet electronic health care record which we refer to as Care Project Phase three.
- John Spangler
Person
The May revision includes a request for a one time augmentation of $5,225,000 in General Fund for the implementation of a new electronic health care record system. Completing Phase three of this project will provide Calvet with a modern data system that will enable the homes to maintain all health care records and personal health information within one system.
- John Spangler
Person
The anticipated completion date is October 2026. Two other proposals, the Veteran Homes deferred maintenance proposal and the Administrative Services staff proposal. Given the existing General Fund condition and projected decline in revenues, the May revision proposes to withdraw these two proposals.
- John Spangler
Person
The department's January budget request for $819,000 for General Fund for deferred maintenance expenditures at the veteran homes and $285,000 for additional administrative support.
- John Spangler
Person
In our admin Services division, we also have a trailer bill item for federal background checks in in short, California Department of Justice came to Calvet and said in order to continue doing our background checks, which we run through the California Department of Justice, there's a federal component of those uses FBI databases is my understanding.
- John Spangler
Person
In order to continue being able to utilize those federal databases, the Federal Government has said the state agency must have specific statutory authority to do so. So that's what that TBL is. It's it gives Calvet the explicit statutory authority to continue doing essential background checks of our employees, prospective employees, volunteers.
- John Spangler
Person
I think that's most of the categories, but we need to be able to keep doing that. And the deadline for the statutory change is 12-31-2026. With that, if there are any questions I can answer for the Committee.
- Jesse Romine
Person
Jesse Romine, Department of Finance no further comment at this time.
- Sharon Quirk-Silva
Legislator
No comment. And you're welcome to sit over here. I mean you can down on the. Table, but you can move over here.
- Jesse Romine
Person
Sure. Paul Steenhausen again with the analyst office. Just commenting on the Veterans Homes deferred maintenance proposal. We did not have concerns with that proposal to provide an augmentation when it was introduced in January. Addressing maintenance needs reduces the likelihood of facility conditions eventually disrupting the people that live and work and receive services there.
- Jesse Romine
Person
Addressing maintenance needs also mitigates the possibility of having to do more expensive projects later, like when you have a emergency repair when the system completely breaks down or need major capital renovations. So of course the budget condition has shifted since January. Administration is withdrawing that request to generate a budget solution.
- Jesse Romine
Person
As the Legislature assesses the new proposal, it'll better want to understand the potential effects of this may revise proposal to better assess how will deferred maintenance backlogs at Calvet grow. What projects were planned to be undertaken with the January proposal that now will not be.
- Jesse Romine
Person
As a result, is there any risk to health and safety of the residents. So the Legislature will want to weigh the benefits of the General Fund solution against the potential downsides and maybe higher costs down the road for the state as a result of this proposal. Thank you.
- Sharon Quirk-Silva
Legislator
Members. Any comments? I will weigh in here. This drawback of really less than a million of dollars seems very, very short sighted in the sense of what needs to happen. I know that there are 43.3 million in and necessary repairs for all the veterans homes.
- Sharon Quirk-Silva
Legislator
So that's across the state there had actually been this close to $1.0 million put in the budget and now it's drawn back. It just out of all the areas in the budget, I mean we're literally talking about fixing veterans homes and it just seems very short sighted.
- Sharon Quirk-Silva
Legislator
We all know that when you delay repairs, you're going to end up spending more in the long run. So I would highly encourage us to find a way to put that $1.0 million back in. It's very minimal compared to some of this spending that I'm seeing coming through this Committee.
- Sharon Quirk-Silva
Legislator
Anybody from the public wishing to speak on this item? All right, with that, where are we?
- Sharon Quirk-Silva
Legislator
Any items on non presentation that anybody would like to speak on non presentation items.
- Eduardo Rubalcaba
Person
My name is Eduardo Rubalcaba. Good morning. My name is Eduardo Rubalcaba. I'm with AARP speaking on behalf of 3.2 million AARP Members here in California. Not sure if this is the right time to for this budget aspect.
- Eduardo Rubalcaba
Person
AARP requests the Subcommitee to support Senator Duarto's budget request for the expansion of paid family leave so that it includes family of choice or choice of family. This, this budget request is not going to be coming from the general fund or the unemployment. It would be coming from the disability trust fund.
- Eduardo Rubalcaba
Person
So this policy change is important because at this time of that the population is aging. There's a definite shift in the traditional family. There's no longer the traditional nuclear family. There are more families without children. And this means that a lot of aging Californians will be living alone without the support that they need.
- Eduardo Rubalcaba
Person
And they will be required to have their own youth, their family of choice, so that they can receive the care that they need in this tough budget year when difficult changes are being made and programs are being reduced or eliminated.
- Eduardo Rubalcaba
Person
Approving this budget request to expand paid family leave to include family of choice or the choice of family is a significant program improvement that will benefit the lives of California's family caregivers and their families. And it's also in the interest of our master plan of aging. Thank you very much.
- Sharon Quirk-Silva
Legislator
Thank you. Thank you, sir. All right. We are now going to go back to our agenda and go to item number two, which is Department of Housing and Community Development.
- Sharon Quirk-Silva
Legislator
Welcome and please introduce yourself as you speak. This is Issue Number 2, Housing and Homelessness Funding.
- Matt Schuller
Person
First, thank you for your patience as we were in the waiting room. Good to see you, Chair, Members. My name is Matt Schuller. I'm the Deputy Director for Administration at the Department of Housing and Community Development.
- Matt Schuller
Person
For this Item, the May Revision proposes no new affordable housing or homelessness dollars but also does not propose solutions that would reduce current funding levels. As you heard in the prior testimony, HCD has $3.4 billion in existing funding that we are working on expeditiously getting out the door.
- Matt Schuller
Person
While the budget does not propose new funding for homelessness programs, funding will still be available in '25-'26 from the six prior rounds of the Homeless Housing Assistance and Prevention Program Grants and also the Encampment Resolution Fund Grant.
- Matt Schuller
Person
The May Revision also allocates $200 million in Prop 35 funds, over two years, for flexible Housing Pool Rental Assistance and Housing Supports. 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 through the behavioral health continuum.
- Matt Schuller
Person
Further, the May Revision also retains $100 million in General Fund in '25-'26 for the Encampment Resolution Fund grants that was part of the 2024 Budget Act Homelessness package.
- Matt Schuller
Person
Lastly, as your agenda details, in light of the estimated budget shortfall in the state's fiscal condition, the May Revision proposes one housing related solution and that solution is the reversion of $31.7 million in unexpected—unexpended—affordable housing funding from prior budget acts.
- Matt Schuller
Person
This reflects under subscribed funding from the 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. And with that brief summary, happy to entertain any questions that you may have.
- Sharon Quirk-Silva
Legislator
Thank you. Any other comments? All right, then we will go to the Department of Finance. No comments? Then we will go to our LAO.
- Paul Steenhausen
Person
Paul Steenhausen, again, with the—Paul Steenhausen, again, with the Analyst Office. Just one comment regarding the proposed $31.7 million General Fund budget solution related to housing. Certainly, there are tradeoffs and downsides to reverting funds from these three programs.
- Paul Steenhausen
Person
Given the state's budget problem though and given the fact that these—these grants—have not been awarded, we think it's reasonable to revert the funds as savings. Thank you.
- Sharon Quirk-Silva
Legislator
Thank you. Going to Members of Committee. Assemblymember Ward.
- Chris Ward
Legislator
Thank you for the presentation today. Starting with that reversion, I'm kind of curious, I remember an earlier overview of all the programs that we funded. This is one of the more cost-effective programs, if I am ballparking it here, around $80,000 to $90,000 per project for infill infrastructure grants.
- Chris Ward
Legislator
And I would presume that that is some sort of bridge financing or some sort of, you know, like, sort of, intermediary capital that that made everything pencil out well. So, when we're thinking about how to fund a project, it was one of the more cost-effective contributions that the state could make to project.
- Chris Ward
Legislator
So, why do we have such a large balance? Why was this not expended or of interest?
- Jennifer Seiger
Person
Hi, yes, thanks for the question. Jennifer Seiger, I'm the Deputy Director of the State Division, or the Division of State Financial Assistance at HCD. For IIG, there are various iterations of the IIG program. The two that are proposed for reversion are a catalytic component and then a commercial property pilot program.
- Jennifer Seiger
Person
We issued that funding through notices of funding availability at least twice for both of those pots of money and did not have eligible applicants. And the catalytic component was split into a large jurisdiction and a small jurisdiction, and it has specific statutory requirements for each of those two applicant pools.
- Jennifer Seiger
Person
This happens to be the small jurisdiction pot. And despite two NOFAs, we just didn't have folks that were eligible and ready to take that money. And on the commercial pilot, we also ran that through two other separate NOFAs, and we had some uptake, but not enough to cover the entire appropriation.
- Chris Ward
Legislator
Was the conditions around the program too difficult for potential applicants to meet?
- Jennifer Seiger
Person
On the catalytic component, I think for small jurisdictions, yes, by statute, right? And on the commercial pilot, it's just, it was a matter of timing, right? Those funds were initially appropriated at a time when we thought we would have a lot of commercial development activity, and it just didn't—it didn't take.
- Chris Ward
Legislator
Yeah, we've definitely seen that trend. You know, I understand that, you know, we had, you know, more than 20 programs out there that were trying to be able to satisfy all the potential different development scenarios out there that we could make contributions toward.
- Chris Ward
Legislator
It's disappointing that these were not received well or seen as applicable to whatever the current economics are.
- Chris Ward
Legislator
So, I'd like to hear more, maybe at a later time, not necessarily through the Department, but for others out there listening, about why programs like this were not what we needed, because that's going to train us to make better decisions as we're deciding which programs to authorize and fund, and maybe other statutory constraints that might make something a little bit too difficult to achieve.
- Chris Ward
Legislator
And if that is all true and everybody is agreeing that's true, I could certainly support the reversion because we could use these resources elsewhere, which gets back to the bigger nut here of, you know, no new funding for programs that we do know work, that are oversubscribed.
- Chris Ward
Legislator
When we're thinking about the Affordable Housing Tax Credit, the Multifamily Housing Program, and some of the other programs here that are put into question.
- Chris Ward
Legislator
Threading back to earlier conversation too, I want to make sure we're not talking past each other because I know that there have been multi-year commitments that we've made in the past budget years, in FY '24 and '25. So, those funds are not essentially touched.
- Chris Ward
Legislator
Are the—those schedule of funds, if they were made on a two or a three-year basis, are they still—they're not reverted, right? They're going to continue to be available for grant?
- Chris Ward
Legislator
It doesn't, it doesn't, sort of, temper, you know, my frustration that we're not continuing to be able to maintain a level of support that already is not enough, because we know that these programs are oversubscribed, and we do need to be able to support more affordable housing development.
- Chris Ward
Legislator
And I would like to see more of a multi-year commitment for the state to be able to make.
- Chris Ward
Legislator
I recognize the times that we're in right now, and something else is going to have to give, and this is not a small price tag, and we've got to look under more couch cushions and whatever we can, to be able to find something to be able to support that.
- Chris Ward
Legislator
It's going to be a priority of mine, as we are making those final decisions about what to do, that we make more of an effort, just like we did 12 months ago, when there was no reauthorization, and the Legislature spoke up very strongly that we must reauthorize at least some of the more effective programs that we're hearing do actually contribute to more affordable housing units being built.
- Chris Ward
Legislator
And I hope that we'll come to a same landing point, as well, when our process concludes in a couple of weeks.
- Chris Ward
Legislator
And I, I probably have nothing more to say other than just take up everyone's time because zero is unacceptable. And I don't think you necessarily disagree with that. It's just what we have to work with today, based on the Revision.
- Matt Haney
Legislator
Yes, I would agree with that, that zero is unacceptable, and I think that, you know, this is the position of not just many of the folks on this Committee, but I think the State Assembly and the Speaker have been clear how critical we view these affordable housing dollars, and how much of a priority they are for us.
- Matt Haney
Legislator
The speaker has said that housing is the civil rights issue of our time. That requires us to actually invest in solutions and to see just a zeroing out of these, these critical programs.
- Matt Haney
Legislator
I think this comes at great concern, not only, again, to all of us in the Assembly, but to people across California who have been clear that housing costs and homelessness are top priorities.
- Matt Haney
Legislator
We've passed legislation that requires a level of action on housing and affordable housing and homelessness from cities and counties across the state that requires them to access funding that is not in this budget. And so, I have a few questions that touches on that. We have a letter that we had circulated.
- Matt Haney
Legislator
Originally, 38 colleagues submitted a letter requesting $1.7 billion. We've scaled down that letter and really focused on three particular areas that, that I wanted to ask about, as well as something that the Governor mentioned that I wanted some clarity on.
- Matt Haney
Legislator
The first is, is the, the, the, the status of the 20% ongoing appropriation in the Greenhouse Gas Reduction Fund for affordable housing construction. I know that there's a—some announcements around the—some—changes to that Fund, and I just wanted to clarify that the funding that will go to affordable housing will be maintained as an ongoing appropriation, based on the total amount within the GGRF and not a smaller amount.
- Matt Haney
Legislator
And if there's any clarity you can give. That's especially important to us, in light of the fact that there's a zeroing out here of the ongoing LIHTC funding.
- Unidentified Speaker
Person
I can comment on that piece. The May Revision did not include a detailed spending plan of the reauthorization of the Greenhouse Gas Reduction Fund. Rather, it identified the Administration's two key priorities being the High-Speed Rail Project and CAL FIRE workload. The remaining funding will be discussed between the Administration, the Legislature, and interested stakeholders, on shared priorities.
- Unidentified Speaker
Person
We, as the Administration, look forward to developing a comprehensive plan that will include the continuous appropriations as part of that discussion.
- Matt Haney
Legislator
Thank you. Again, this is—this is another area of deep concern. Not only are we seeing the zeroing out of the LIHTC funds and the HAPP funds, but then the lack of commitment to the ongoing appropriation in the—for—affordable housing and the GGRF.
- Matt Haney
Legislator
I know that's going to be an ongoing conversation, but it also was not something that was called out, alongside those other key priorities, as something that was going to be focused on or intentionally protected. And so, we have a sort of triple, triple whammy there, with all of these things at once.
- Matt Haney
Legislator
And the, the, the role of the existing funds is one that I also wanted to zero in on, because we're hearing, in response to the 500 million not being included for LIHTC, 500 million that we asked for, HAPP, that was not included, that there's over $3 billion that is available. Can you give some clarity for us?
- Matt Haney
Legislator
I know it was discussed a little bit in the prior Item, but what exactly is included in that and when it was—when it is going to be fully spent out? I mean this is how much of that, if any, is ongoing dollars?
- Matt Haney
Legislator
Is it—how much is in this budget, or is this money that was allocated past budget? Will be spent by X date? It's just, it's, it's being touted as, as a reason why we shouldn't be as concerned about the lack of the ongoing funding in this budget.
- Matt Haney
Legislator
But I'd really like a bit more detail about what's being included in that.
- Jennifer Seiger
Person
I—yes, thank you. I can speak to the, the housing dollars, the multi-family development housing dollars and then I can defer to my colleague for the homelessness dollars.
- Jennifer Seiger
Person
But for the $3.5 billion figure that you've been hearing this morning, that includes what has already been issued, the home key plus NOFA notice of any availability, that's $2.25 billion. We also have a current NOFA that's open and accepting applications under the Affordable Housing and Sustainable Communities Program.
- Jennifer Seiger
Person
That's for a total of $775 million. We have under review—currently, applications have been received—and we're reviewing those applications for the multi-family super NOFA that includes money through our Multi-family Housing Program, Infill Infrastructure Grant, the CERNA Farm Worker Program, as well as the Veterans Housing and Homelessness Prevention Program, all in total for $382 million.
- Jennifer Seiger
Person
And then, we have an over-the-counter tribal multifamily super NOFA for those same programs. That would be for $54 million. And then, just a small piece of the Permanent Local Housing Allocation Program, which is run as a competitive program, for $6 million for multi-family.
- Matt Haney
Legislator
And in terms of the timeline on all of that and will there be, did we fund—is there any funding for additional rounds of any of those, that is within this budget, or is that all funding that is going to go out in these rounds and then, that's it?
- Jennifer Seiger
Person
Yes, yes. That is an ongoing program funded through the recording documentation fees. And so, that is—there are two components to that. One is a formula allocation to local governments that they can use for a variety of different uses.
- Jennifer Seiger
Person
And then, the small piece that we're mentioning here, is a competitive pot that has more targeted, eligible uses. So, that is continuously.
- Matt Haney
Legislator
So, these are—when you're referring to the $3.5 billion, that's in these existing rounds that are sort of some level of allocation or application?
- Matt Haney
Legislator
But none of those, those, those programs are funded beyond the $3.5 billion, except for the local.
- Matt Haney
Legislator
So, that would be, at least as far as this budget is concerned, that would be it?
- Matt Haney
Legislator
And that's, that's, I just wanted to be clear. That's the, the, the, the reason for the concern, particularly as we're being asked to create a new agency, a department, that would be overseeing our grand and, and overreaching commitment to housing and homelessness, that there's dollars that need to be there on an ongoing basis.
- Matt Haney
Legislator
I, I want to ask about the, the Governor mentioned the, the commitment both to the housing bond and also to two particular bills, it sounded like, which is reference to CEQA-related reforms. Is there any more information that you can provide to us about how we are going, he—the Administration envisions us actualizing that commitment?
- Matt Haney
Legislator
Will those be—will the CEQA bills be placed into trailer bills? I don't think that they're currently on lists that are under consideration. And then, for the bond, what will be the vision and the process, the size? I know there's been some that have already been proposed and so, we're very happy to hear the support for that.
- Matt Haney
Legislator
Of course, that's not ongoing dollars, as there will be one time and has to be passed by the voters. But can you, can you give any more information about those commitments that were made?
- Unidentified Speaker
Person
Certainly. Thank you, Assemblymember, for the question. The two bills that you indicated are not currently proposed as part of the trailer bill language. That is actually the next item in the agenda, I believe, or maybe two down—apologies.
- Unidentified Speaker
Person
However, the Governor did intend to partner with the Legislature to include those bills in the budget and that will be part of further discussions, and I am not able to comment beyond the Governor's interest in supporting the Housing Bond. Those are part of further discussions.
- Matt Haney
Legislator
Okay. Well, I hope that, as this process moves forward, we can certainly get to a better place than zeroing out what I think is a huge priority for this Legislature, for the Assembly, and, I know, for the Governor, has been over time and is reflected in some of the existing funding and the new housing agency.
- Matt Haney
Legislator
And so, without ongoing dollars for affordable housing, without ongoing dollars given to our cities and counties to meet those goals and to confront the challenges around homelessness, I think we are really not fulfilling our responsibility to tackle what is one of, if not the biggest, challenge that our state and our residents are experiencing.
- Matt Haney
Legislator
And so, look forward to further conversations about how we can address that, as, as my colleagues have said, as we move forward. Thank you.
- Carl DeMaio
Legislator
All right, let's try this again. Your Department Director didn't seem to have the information. I'm hoping one of you would. Let's talk about the Statewide Homelessness Accountability and Compliance Unit. It's got a great name.
- Carl DeMaio
Legislator
When I saw that, I was like, oh, I'm so glad we have one of those, because everyone in the state of California is upset about what's going on with homelessness. Not the granny flat. I know you have ADU stuff in here, but homelessness, people on the streets, the tents.
- Carl DeMaio
Legislator
The Governor did a fancy little video the other day. He put his hair gel on, he stood in front of the camera, and he talked about accountability, like, 10 times. So, my question is, in this Unit, how many staff are focused on the Housing-First Dollars or compliance on shelter beds? Shelter beds and Housing-First funding streams?
- Unidentified Speaker
Person
So, I'm not sure what you mean by Housing-First funding streams, but I think probably you mean, like, the HAPP dollars.
- Unidentified Speaker
Person
Okay, so, so, our homelessness accountability work involves, involves basic, like, making a little bit simple to two streams, right? We have the program dollars we put out, which I think you're talking about right now, and in the program dollars, that's about accountability, right? Like, that, that's about a spending accountability.
- Unidentified Speaker
Person
You, we—we are giving out enormous sums of money, both through Home Key, now Home Key Plus, as well as through the HAPP dollars. And we need to feel certain that those funds are being spent.
- Unidentified Speaker
Person
And so, you know, Home Key Plus has a number of staff that have.
- Unidentified Speaker
Person
The, the, there is, there is a homelessness accountability unit, which is—so each program is, each homelessness program has accountability work associated with it. And so, like, they don't all live under one program, but the homelessness accountability unit that is also about ensuring that local governments are, are following homelessness laws as well, that—and so, there is a unit of 30, 30 program staff there, as well as about six attorneys that are supporting that work as well.
- Carl DeMaio
Legislator
Make a point of it. 30 staff are in the statewide Homelessness Accountability and Compliance Unit. Is that correct?
- Carl DeMaio
Legislator
Okay. And you're saying that the programs are doing a whole bunch of other accountability stuff as well.
- Carl DeMaio
Legislator
But this one is called—this program is called the Homelessness Accountability and Compliance Unit. I'm glad it exists because I don't trust programs to monitor themselves or to police themselves. So, I'm looking at this unit because the Governor talks about holding everyone accountable. He's holding all those cities accountable. I'm hearing from my City Council Members, they're not happy with some of the actions of the state.
- Unidentified Speaker
Person
And this Unit would be speaking exactly to that work you're concerned with.
- Carl DeMaio
Legislator
Exactly, exactly. But not really, because this Unit seems to not just be doing homelessness and in fact, the expansions are not on homelessness this year. The expansions, and let me read from the Analyses, you're going to hire three staff attorneys. One for Public Records Act requests, is that correct?
- Unidentified Speaker
Person
And that is specifically because our teams that are supposed to be...
- Unidentified Speaker
Person
So, the teams that are supposed to be doing the work that you're talking about, ensuring that the, that the laws are being followed, ensuring that the dollars are being spent correctly, because of the enormous volume of public record—Record Act requests that we're getting on homelessness and housing issues—we are having staff be pulled away from that important work to go do Public Record Act requests.
- Unidentified Speaker
Person
And so, what we're asking for is that Unit be supported by some attorneys that can help, help our teams get back to that important work.
- Carl DeMaio
Legislator
You understand the irony here, that we're hiring a staffer to respond to the public's upset with the fact that they don't feel enough accountability is happening, enough transparency is happening, so they're filing PRAs against your agency?
- Unidentified Speaker
Person
Absolutely. Absolutely. We're getting it from both directions. Those, those folks that feel we are not being tough enough on local governments, as well as folks that feel that we are overreaching.
- Carl DeMaio
Legislator
So, the second, the second staffer—Staff Attorney—is dealing with defensive litigation. Would that be the cities and counties basically raising hackles about these housing targets that they're required to adhere to? Is that the defensive litigation that you're hiring a staffer for?
- Unidentified Speaker
Person
Primarily, it is more about compliance with housing laws, such as requirements to streamline developments that serve those existing homeless populations. And then there are also pieces. So, this is an omnibus trailer bill proposal. So, there are pieces of it that are also impacting the ADU work.
- Unidentified Speaker
Person
And I know that that feels disconnected from homelessness to you, but for us, this is, you know, housing is the solution to homelessness.
- Carl DeMaio
Legislator
I know you lump it all together, but we're talking about billions of dollars in the Project Home Key, Project Room Key. We're talking about homeless camps on the side of the roads. We're talking about the public saying, can't we just at least open up a shelter and get more shelter beds?
- Carl DeMaio
Legislator
And you guys are out there hiring another third attorney position, dealing with codes and standards.
- Carl DeMaio
Legislator
And then, of course, you have the contract that you're going to be letting for Accessory Dwelling Units, the ADU, the granny flats. Do you understand that—the frustration and disconnect here where people are seeing homeless camps on the side of the road?
- Carl DeMaio
Legislator
You have a program called the Statewide Homelessness Accountability and Compliance Unit, but the vast majority of what you're doing, there's no evidence to suggest you're doing real accountability on Project Room Key, Project Home Key.
- Carl DeMaio
Legislator
The vast majority of what you're doing is you're going after cities and counties saying you're not issuing enough building permits for granny flats. You're not hitting your state housing targets, which, again, we can have a debate about that. But you know what you should do? You should have a separate program that says Housing Stock Enhancement Accountability.
- Carl DeMaio
Legislator
But when you have a program that says we're gonna hold people accountable for homeless funding, and you have a Prop 1 on the 2024 March ballot for billions of dollars of borrowing for homeless shelters, people feel that the money's going out the door, but there's no one minding the store.
- Unidentified Speaker
Person
Absolutely. It's one of the core, the core reasons I've been really grateful to take over stewardship of some of those programs and really bring that accountability focus there.
- Unidentified Speaker
Person
What, what you're seeing here is not a saying that the solution is these additional staff for PRA, but what we are, we have, we have dedicated staff to do exactly the kind of compliance work that you're talking about.
- Unidentified Speaker
Person
And we want to make sure that they have the capacity to keep their focus there while we meet our incredibly important Public Record Act requests.
- Carl DeMaio
Legislator
But in this year's budget, I want to put a fine point on this. You've come to us for a request for about $1 million, 960—$902, sorry, $902,000. All of it focused on these three staff attorneys that are not to the core lane of frustration that people have with homelessness.
- Carl DeMaio
Legislator
It doesn't make good on what the Governor said in his fancy video a couple weeks ago about, it's time for accountability, by golly, and we're going to start with those locals, but they're not going to start in our own state agency responsible for the billions of funds.
- Carl DeMaio
Legislator
Since 2023 and '24, the entire Department, your Department, Housing and Community Development, hired, 900, sorry, 97 new staff members in the last two years. 97. How many of them went into this Unit? Because I know three of them in this budget year went into the unit, so that's three. Where do the other 94 staffers go in the past two years?
- Unidentified Speaker
Person
So, so about 30 are in the Housing Accountability—the Housing and Homelessness Accountability Unit—specifically doing some of the compliance work that you're talking about.
- Unidentified Speaker
Person
So, 22. So, and again, I think some of this gets to your feeling that the program accountability work is not the same as the homelessness accountability work, but we also brought on 22 staff from the—that are specifically focused on compliance around the Homelessness Assistance Program.
- Unidentified Speaker
Person
My fellow Deputy, Seiger, has state grants management staff that are very focused on Home Key—Home Key compliance—and they have actually made huge strides in that space and caught, caught things and dealt with things. And so, because we added those staff, we are able to point to many examples where we have made a difference in the compliance space.
- Unidentified Speaker
Person
But for us, they operate in a few different—we have program compliance staff, and we have legal compliance staff, and they're, they're in, they're in separate categories.
- Unidentified Speaker
Person
But most of the additional staff, in our past two years, are some form of accountability or compliance, either data transparency, public transparency, ensuring that we're going out and doing site visits and checking to make sure that people's promises are being kept and met. So, a lot of that increase is what's been going on there.
- Unidentified Speaker
Person
And we're just, we're just saying we have some backlogs that we've noticed in a few places. So, this is in no way a new unit, but this is—we've noticed a few places where we need a little more.
- Carl DeMaio
Legislator
Let me just say this. In the next year, I'm gonna make it a mission of my office to get to the bottom of what actually is happening in this Unit. I want to know how many notice of infractions, how many compliance notices are sent out for Project Room Key, Project Home Key.
- Carl DeMaio
Legislator
And in the next year, we're going to get these answers, because we can't do this in the span of a budget process. You come here and you say you need three staff positions. We kind of look at it and say, okay, it seems relatively normal. Let's go forward.
- Carl DeMaio
Legislator
We are not seeing the sort of oversight on the billions of dollars being spent and I think that this is not a partisan issue. I think my colleagues on the other side, they want to make sure the money's going to have the biggest impact. They want to get these, these, these, these camps off the street.
- Carl DeMaio
Legislator
They want to get these people sheltered. We're spending a whole lot of money per capita, more than any other state, but we're not seeing the sort of accountability. And so, next year, I want a commitment from your office that we're going to get actual data, we're going to get actual headcount, we're going to get actual workload.
- Carl DeMaio
Legislator
And so, that next year when we're sitting here for the budget, we actually may be in a mood to give you more money because there may be some areas that are not being addressed, but we need to make sure that at least this Unit, which you have a great name on, is actually doing homelessness accountability.
- Carl DeMaio
Legislator
Because I see a lot of granny flat notices going out. I'm not seeing a whole lot of work on the billions of dollars in streets.
- Unidentified Speaker
Person
We'd be happy to share that documentation with you and all the strides we made in the compliance space.
- Sharon Quirk-Silva
Legislator
Thank you. What we are going to do, as we have items 3, 4, and 5, is just do a call out right now if there's any questions from the Committee on—we've already talked about homeless accountability, but trailer bill language. I know you brought that up in your comments.
- Sharon Quirk-Silva
Legislator
Or any technical adjustments under Department of Housing and Community Development. Do we have any questions up here from the dais on any of those?
- Sharon Quirk-Silva
Legislator
For the public, we definitely are going to get into a time crunch here. We need to close out the first part of this Committee by 12 o'clock, then we will come back after at 1:30. We will be again taking items out of order after we finish this one item, and I make a few comments. We will...
- Sharon Quirk-Silva
Legislator
If they're here, because we're changing order, after we finish this item, we will go to the Governor's Office of Business and Economic Development. Are they here? They may not be here. They are here. Okay, so we will do that after we close out this item. Did you... What? Okay. Do you want it? Where?
- Sharon Quirk-Silva
Legislator
Okay, if we, if we... Assembly Member, we're going to finish this item, we're going to go to GO-Biz and then, if we have time, we'll get to that one. All right. I apologize for, to the public, we're changing a little bit of the agenda just to accommodate so we can keep some Members here. But closing out on the Department of Housing and Community Development. You know, I don't disagree with the comments made here. I do know that to the public it doesn't seem like we're making progress.
- Sharon Quirk-Silva
Legislator
I know that some of the facts out there are simply that we house people or get people off the street into shelters and then we see other people fall into homelessness. And so it feels like there's never progress. I do know there has been progress made, but I also know that many of those organizations out there that are working in the space of homelessness and housing are highly concerned about no additional dollars in this budget.
- Sharon Quirk-Silva
Legislator
There are many organizations that are, not organizations, cities that are hosting shelters that are part of this solution, and they are very concerned about what's going to happen in two years, in four years. So the zeroing out of this budget certainly is a concern. Knowing that there's accountability.
- Sharon Quirk-Silva
Legislator
I know I would offer to my colleague, Assembly Member DeMaio, I would offer for you to really take some time to meet with Megan. She actually sat down with me and went through their website and showed a lot of the data. It was, I think, very impressive. But I think there is good work being done.
- Sharon Quirk-Silva
Legislator
But that certainly means that there's more work to be done, and without new dollars, we could backtrack on the progress we've made. And that's a major concern. I mentioned this last year quite a bit. I don't like the Governor's 100 million encampment fund. We said last year that we didn't see enough data.
- Sharon Quirk-Silva
Legislator
We feel that it's a way to move people along. But where? Where are they going? If we don't have new permanent supportive units, if we're not going to be funding shelters in the way that we have, where are homeless people going to move if we have stronger and stronger camping ordinances, as we seen?
- Sharon Quirk-Silva
Legislator
And even the Governor said, you know, enforce. I wish that if he was going to move and change and do a U turn, he would have done that six years ago. Because by now, saying, like, I'm done. Local government, you have the tools, you haven't done it.
- Sharon Quirk-Silva
Legislator
It's a great thing to say, but the truth is, where are these people moving to? Some of you have been out there on these encampments. Some of the people who work in the space know what it's like. And we all have, know that it's easy to say something, it's harder to do it and...
- Sharon Quirk-Silva
Legislator
But I do acknowledge the hard work you and your Department are doing. I know that this is one of the most elusive spaces to work in to get what people want. And what do they ultimately want? They ultimately don't want to see homeless. And there's a lot of people to bear the blame on that.
- Sharon Quirk-Silva
Legislator
And it should start with families first, should start with cities. And so sometimes cities feel like they're being picked on, but the truth is they have a responsibility. They have a responsibility, and if we'd all play the role we should, we'd be much further along. That being said, a zero balance in homeless and housing is not acceptable. And it simply will put us right back where we are in two years from now, three years, when these housing dollars dry up. All right, thank you again. I appreciate your hard work. Thank you. We need to invite the public to speak on this. Very brief comments.
- Divya Shiv
Person
Hello. My name is Divya Shiv, again, with Housing California, also speaking on behalf of the Corporation for Supportive Housing. We are very concerned about the lack of funding for affordable housing and homelessness in the budget and appreciate the frustration and alarm from the Subcommittee. We urge funding for the state LIHTC program, which efficiently leverages federal funding to build affordable housing, and the Multifamily Housing Program, which enables the state to serve households at deeper affordability levels.
- Divya Shiv
Person
The May Revision also puts the continuous appropriation to the Affordable Housing and Sustainable Communities Program at risk, which is the state's only significant ongoing funding source for production. Losing it would cause the affordable housing pipeline to grind to a halt. On the homelessness side, we urge the funding of HHAP.
- Divya Shiv
Person
Without HHAP round seven, local providers will be forced to ramp down shelters and services because of the uncertainty around funding even if HHAP is funded in later years, and all of this will cause homelessness to rise. Now, a couple of positive notes. We strongly support the inclusion of the proposal to enable project developers to mitigate VMT under CEQA by paying into a statewide affordable housing program. This is modeled after a bill that Housing California is co-sponsoring, AB 1244 by Assembly Member Wicks. Thank you so much.
- Caroline Grinder
Person
Yes. Good morning, Chair and Members. Caroline Grinder on behalf of the League of California Cities. While Cal Cities appreciates previous one time investments for California's largest cities to address homelessness, we're disappointed in the lack of funding in the HHAP program in the May Revise.
- Caroline Grinder
Person
As in previous years, Cal Cities is requesting ongoing funding starting with the seventh round of HHAP in this fiscal year. We know our cities agree ongoing funding is key to addressing homelessness in our communities. 93% of our cities have told us they're concerned about continuing existing services in the long term. We understand accountability for state homelessness funding is critical, and we look forward to continuing to work with the Legislature on what those metrics should look like. Thank you so much.
- Kimberly Lewis
Person
Kim Lewis again representing the California Coalition for Youth. And we share the Committee's concerns about the lack of ongoing funding for homelessness and for housing dollars. The lack of a high school diploma is the biggest indicator that a young person will experience homelessness later on in life, and 50% of chronic adults first experience homelessness as a youth.
- Kimberly Lewis
Person
And we urge you to include funds for HHAP, increase the resources dedicated to our youth, and that we need dollars to build housing that are specifically for youth. They are disadvantaged in many ways for just being young. They have a lack of credit, rental histories, and earnings, and we really need to ensure that our nonprofit providers can create housing to support them. Thank you.
- Mark Stivers
Person
Good morning. Mark Stivers with the California Housing Partnership. I want to thank the Committee for the very forceful words in support of affordable housing funding this morning. I want to thank Mr. Haney and the all the Members who signed on to the letter to the Budget Committee and to the Budget Chair in support of affordable housing.
- Mark Stivers
Person
The Committee was right on. It is true that we have funding now for some NOFAs, but with this budget, in 2026, we will have no state credits. We will have no Super NOFA round or at least no MHP in that round. And there would be, depending on how the cap and trade funding discussion goes, there could be no funding for the Affordable Housing and Sustainable Communities Program. So we support you 100% in pushing for LIHTC, MHP, HHAP money, and then SHRA and CalHome as well. Thank you.
- Justin Garrett
Person
Justin Garrett, California State Association of Counties. We share the concerns about no additional HHAP funding in the Governor's May Revision, and we urge your support for ongoing funding of $1.0 billion for the HHAP program, which has been tremendously successful and the progress we've been able to collectively do to reduce and address homelessness. Without additional funding, counties will be forced to scale back programs. There'll be detrimental impacts and it will worsen than the progress that we're seeing. And so we really urge your support. Thank you.
- Graciela Castillo-Krings
Person
Graciela Castillo-Krings here on behalf of All Home, Enterprise Community Partners, and the California Housing Consortium. Just aligning my comments with Mr. Stivers, who came before me, but just to highlight an issue. When the last MHP round went out, it was oversubscribed seven to one. So yes, there is funding right now that is going to go out, but not nearly enough. And when we're focusing on affordability, this is not the cut that we should be focusing on. Thank you.
- Kiana Valentine
Person
Good morning. Kiana Valentine on behalf of Transportation California here to express concerns with the Governor's trailer bill language to create a VMT mitigation program. Housing does offer a really cost effective way to mitigate VMT in a lot of cases.
- Kiana Valentine
Person
However, as currently drafted, the bill could result in gas tax or SB 1 dollars funding housing development and not transportation projects. And for many of you around the dais, you know, voters continuously approve constitutional amendments to protect transportation funding for transportation purposes. There is a policy vehicle, as was currently mentioned, AB 1244, and we'd prefer to have this conversation in that. Thank you.
- Vincenzo Caporale
Person
Good morning, Chair and Members. My name is Vincenzo Caporale here on behalf of CALCOG. We'd like to... Sorry, we'd like to express concerns regarding the Governor's proposal to establish statewide VMT mitigation. Our concerns center around potential impact that this could have on the existing or emerging regional VMT mitigation programs.
- Vincenzo Caporale
Person
We seek clarification on how this new program will interact with regional ones, ensuring it complements rather than usurps local and regional solutions that are developed with the SES implementation in mind. This would ensure that the program is focused on areas where there is no functioning regional or local alternative. Thank you for your time.
- Alexandra Leumer
Person
Good morning. Alex Leumer speaking on issue 5 on behalf of Defenders of Wildlife, California Trout, Oceana, Monterey Bay Aquarium, and the California Wildlife Officers, who are concerned about the position reductions for the California Department of Fish and Wildlife, particularly the reductions in law enforcement.
- Alexandra Leumer
Person
The hardest hit are the fish and game wardens, with 40 warden positions eliminated, which seems to be nearly about a 10% reduction in the wardens. Half of their funding is special funds, mostly fish and game preservation funds, which are paid for by hunters and fisher people.
- Alexandra Leumer
Person
We agree that the Committee with the Committee analysis, there's been little thought in what these reductions mean to the Department of Fish and Wildlife's ability to meet their mandates, particularly with law enforcement. We urge these reductions are rejected and provide no meaningful relief to the budget, given they are mostly funded with special funds. Thank you.
- Sharon Quirk-Silva
Legislator
Thank you. Appreciate it. Anybody else? All right, we're going to close out that item. We appreciate everybody. Thank you so much. All right. We are going to move to the Governor's Office of Business and Economic Development. We apologize to the others. And we will be having you present all three items at the same time.
- Sharon Quirk-Silva
Legislator
Where am I on here? All right, welcome. We're pleased to have you here. We are welcoming the Governor's Office of Business and Economic Development. Please introduce yourself as you make your comments.
- Lauren Greenwood
Person
Good morning, Chair Quirk-Silva and Members. My name is Lauren Greenwood, and I'm the Deputy Director of Legislative and External Affairs for the Governor's Office of Business and Economic Development. Thanks for having us. I'm here to provide an overview of the of GO-Biz's May Revision proposals, the first being our State Trade Expansion Program.
- Lauren Greenwood
Person
GO-Biz is requesting provisional language be added to allow the Department of Finance to augment GO-Biz's General Fund appropriation by up to 650,000 to meet the federal fund matching requirements should California receive the maximum US Small Business Administration State Trade Expansion Program award.
- Lauren Greenwood
Person
This is the only program dedicated to supporting California small businesses with expanding their footprint into international markets and is essential to maintain program stability and enhance California's competitiveness for federal trade assistance. I'm also here to provide, to share information about three separate reappropriations, the first being the Containerized Ports Interoperability Grant Program. The Budget Act of 2022 appropriate a 30 million General Fund for the for GO-Biz's California Containerized Ports interoperability Grant Program. 3% was set aside for administrative costs with funding made available through June 30, 2025.
- Lauren Greenwood
Person
While significant progress has been made with all grants being awarded, this program is ongoing with the final legislative report requested and required by statute by January 1, 2026. GO-Biz requests that these administrative funds in the amount of 700,000 be reappropriated through June 30, 2026 able to close out of the program. The second reappropriation is for the Zero Emission Vehicle Operations.
- Lauren Greenwood
Person
The Budget Act of 2023 appropriated 2.3 million through June 30, 2026 to the now Governor's Office of Land Use and Climate Innovation Zero Emission Program to convene a working group made up of transit agencies and other public agencies, relevant community organizations, and other parties to create a zero emission roadmap for the state.
- Lauren Greenwood
Person
The Budget Act of 2024 transferred the zero emissions programs and associated funding to GO-Biz, but did not include the extended encumbrance date of June 30, 2026. This request is to align the encumbrance period with the original appropriation. The last reappropriation is the Women's Business Center Enhancement Program.
- Lauren Greenwood
Person
The Budget Act of 2022 appropriated 8 million for the Women's Business Center Enhancement Grant Program. 3% 240,000 was made available for administrative costs and the budget act gave three years to encumber to June 30, 2025. While close to ending, CalOSBA is requesting a reappropriation for the administrative funds through June 30, 2026 to complete statutory and programmatic requirements. And then the last piece to GO-Biz's May Revision proposal are withdrawals of a couple programs.
- Lauren Greenwood
Person
So we are, with the administration is proposing to withdraw its initial proposal 60 million for the CalCompetes Grant Program. The administration is also proposing to revert the 11.5 million remaining in the CalOSBA Performing Arts Equitable Payroll Fund provided by the Budget Act of 2023. I'm happy to take any additional questions.
- Sharon Quirk-Silva
Legislator
Thank you. Any other comments? All right, then we will move to the Department... Yeah, we will move to the Department of Finance.
- Charlie Lasalle
Person
Charles LaSalle, Department of Finance. No additional comments at this time, but happy to answer any questions.
- Rowan Isaaks
Person
Rowan Isaaks, LAO. We don't have any significant concerns with items 10 and 11. On item 12, first of all, for the California Competes Grant, as the Committee previously heard, our assessment is that CalCompetes is generally well structured and effective and one of the more effective economic development vehicles that the state has.
- Rowan Isaaks
Person
Having said that, the grant portion is a supplemental part of the program. It's an addition to the tax credit, and so the program will still function well even with this, with this withdrawal. The grant has also been funded on a year to year basis previously. So in light of last year's budget problem, a similar proposal was also cut, and we think it's a viable option to solve the budget problem.
- Rowan Isaaks
Person
Having said that, there are other programs that concern economic development and tax incentives that we view as less effective than CalCompetes that have maintained or received new funding in this budget proposal, which brings into question whether if those programs clear the bar for funding, maybe CalCompetes should also clear the bar for new funding as well.
- Rowan Isaaks
Person
And then second, on the Performing Arts Equitable Payroll Fund, you know, the awards are very close to being made, and so withdrawing at this time when numerous groups are expecting those funds is something to consider for the Legislature. We do think that if the Legislature is interested in taking a look at this reversion, this is really less of a job creation program and it's really more of a subsidization of employment in the performing arts sector.
- Rowan Isaaks
Person
And so we really think that, in order for this program to be effective in the long term, it needs to be a continuous program appropriation. And so if the Legislature wants to intervene in this item specifically, it should do so with an eye towards the long term prospects of the program. Thank you.
- Sharon Quirk-Silva
Legislator
Can you mention, you said there are other programs that you thought are very, that could be, if you want to say, reverted versus CalCompetes?
- Rowan Isaaks
Person
So we previously heard the CA RISE proposal and the Natcast Center from the CHIPS Act are examples of programs that have retained their funding in the May Revision.
- Sharon Quirk-Silva
Legislator
And I know last year's budget, we were talking quite a bit about, I think it's been renamed, but it would be the blueprint program.
- Jesse Romine
Person
Sorry. Jessie Romine, Department of Finance. There's been no changes to that program.
- Lauren Greenwood
Person
I believe we have... Lauren Greenwood with GO-Biz. I believe we have 150 million through 2027. 2026.
- Sharon Quirk-Silva
Legislator
Because I know last year we were talking quite a bit about that program. And this year it's not touched, but CalCompetes is. Can you kind of talk to us a little bit about how you came about with that?
- Jesse Romine
Person
Sorry. Jessie Romine, Department of Finance. Again, I think the Jobs First money... Sorry. Sorry, far away. The Jobs First money is actually in EDD's budget. We're specifically focused focusing on the GO-Biz, the GO-Biz side of things here with resources in their budget. And just our review of proposals within GO-Biz's budget itself, we identified the CalCompetes as a pullback in our efforts to really balance the budget given the challenging condition of the General Fund.
- Sharon Quirk-Silva
Legislator
All right, we'll go to the Committee Members. Any quick... Assembly Member Ward.
- Chris Ward
Legislator
Thank you for the testimony today. You know, I kind of, my question sort of align in the budget solutions. You know deep concern for touching California Competes when I remember the Subcommittee reviewing it. Really celebrated I think its impact and the ability for job creation and retention. And you know, I think related to the blueprint effort that we also were very curious about, but mindful I think in that discussion that we were potentially focusing more the blueprint's efforts on emerging or future technologies or new innovations rather than maybe some of the core issues that we agree are a part of that blueprint too.
- Chris Ward
Legislator
When we're thinking about housing or childcare or other workforce development support that was needed, and so disappointing that we're not seeing any really response to that or ability to sort of move dollars and priorities around within from that blueprint discussion. But we'll keep that discussion open minded.
- Chris Ward
Legislator
And you know I would like to see more information that looks for some of the other programs that are out there. If we're going to lay $60 million of question out here is there a better bang for buck. Appreciate the tax credits are still proposed to be maintained in there as well, and I know the impact that those have. But for the grant program, you know based on the outcomes that grant program has been able to support.
- Chris Ward
Legislator
You know, is there something, other programs out there that are more or less effective? I look forward to that information. And you know, deep concern about the cuts to the Performing Arts Equitable Payroll Fund. You know, given that that was something initiated years ago, and I believe this is on a reimbursement basis. Is that correct?
- Chris Ward
Legislator
So we have put the word out there that we're going to be partners in supporting this very important industry. They're out there doing that work, supporting those jobs, and about to submit for reimbursement, and then we're going to pull that back away. And so what are they supposed to do?
- Chris Ward
Legislator
And they have of course endured a lot of rollback from federal support that's out there right now. So this just incredibly adds injury, insult to injury. I guess that if this is the state's pullback as well that they would be seeing. I certainly don't want to see that as our role in their demise, and I would like us to be able to continue to think about other solutions so that that is not something that needs to be on the table. Has GO-Biz...
- Chris Ward
Legislator
Can you talk a little bit about your engagement on that program to get people to begin to qualify for those grants? These are unspent funds from some time, so what has taken so long to be able to fulfill our commitment under previously adopted legislation?
- Lauren Greenwood
Person
Sure. So this program was established by SB 1116 in 2022, but it was created upon a legislative appropriation. So the 2023 Budget Act in the later half of that year then appropriated the the remaining funds from the COVID Performing Live Arts and Venues Program that was previously administered by CalOSBA. As far... And then Tara, Dr. Gray.
- Tara Lynn Gray
Person
Sure. Thank you, Assembly Member Ward, for your question. You are correct. It is a reimbursement program, and it really aims to reach the smallest of the nonprofit performing arts organizations under $2 million and helping them hire and retain employees.
- Tara Lynn Gray
Person
So the fund reimburses a portion of their payroll costs on a quarterly basis using a tiered reimbursement schedule where the smallest organizations receive the highest percentage of reimbursement. So respective to the timeline, through a competitive RFP, CalOSBA identified at California for the Arts as the Program Manager in the fall of 2024.
- Tara Lynn Gray
Person
Our grant portal opened March 10 of 25, closed March 19. We received 413 applications from 38 Senate districts and 68 Assembly districts. So we were in the process of completing the final verification of documentations before turning applications over for final approval. Grants would be awarded on a first come, first serve basis. And GO-Biz is actually acting as the fiscal agent for this program rather than using an outside entity. Final point I'll make is the 413 applications represent a total demand of over $40 million, 40.9 to be exact, for the program.
- Chris Ward
Legislator
Of which only about 1/4 are authorized, so that would otherwise be expended pretty quickly. I just, I do not like budget solutions that pull the rug out from any of our constituents after the fact. Sounds like these jobs have been created. There's, they're counting on us coming through on our commitment, and to do that afterwards is going to, you know, potentially close the doors of some of these important community organizations.
- Chris Ward
Legislator
And so let's go back to the table if we can and think about something else that is on a going forward basis rather than have to go back to previously enshrined commitments that people are counting on reconciling at the end of the day. So thank you for this update for the information. It's a hard pill to swallow, but I want to continue to look for other solutions that might, you know, supersede seen this proposed solution.
- Sharon Quirk-Silva
Legislator
Thank you. And I concur with my colleague here. Any other questions regarding any of the items under GO-Biz? We're going to kind of put them together. State Trade Expansion, reappropriations, or budget solutions.
- Richard Falcon
Person
Good afternoon Committee Members. My name is Richard Falcon with Teatron Agua. I'm here to urge you to keep the 11.5 million performing arts equitable payroll fund in the state budget. I recently returned from a convening with. Latinx theater companies across California and the message was clear. This fund is essential to our continued recovery and sustainability.
- Richard Falcon
Person
In Sacramento, local companies are still reeling from Covid and the federal arts funding. Cuts that have taken place. Many throughout California have already closed. This fund doesn't just support performing artists. It strengthens California's creative economy which creates jobs, tourism and community well being. Please protect this vital investment. Thank you.
- Eduardo Martinez
Person
Hi, Madam Chair. Eduardo Martinez here on behalf of Actors Equity. We're the national neighbor union of representing more than 51,000 professionals in the live. Arts here again today to ask you. To please reject this cut to the equitable paper payroll fund. This is the third time we've had.
- Eduardo Martinez
Person
To come to the Legislature to ask you to maintain these fundings. After the Governor signed the bill in 2022, the Legislature has been the one to insist on the funding and then restore it last year when it was. Proposed for elimination of the May revise. I really want to thank Assemblymember Ward.
- Eduardo Martinez
Person
This money was days away, potentially from. Going out the door. Days away. And so there are many nonprofit performing. Arts companies throughout the state that are. Desperately waiting for this money. Let us get this money out the. Door to provide some relief to these.
- Eduardo Martinez
Person
Theaters and then we can come back and have other discussions about how to support this sector. But we really need these dollars. Thank you very much.
- Darby Kernan
Person
Hi, Darby Kernan, representing the Roberts Enterprise Development Fund, REDF. I'm only up here because the LAO brought up Cal Rise as a budget solution. It was in the January budget and we want to let you know.
- Darby Kernan
Person
Cal Rise is an important program that supports employment social enterprises, which are businesses, private businesses that hire hard to employ, formerly homeless, formerly incarcerated. Those people, as the economy gets tougher, are going to get pushed out even further. And having businesses to support these individuals is critical. They go on to get union state jobs and other jobs.
- Darby Kernan
Person
So we would highly disagree with the LAO and recommend you don't touch the Cal Rise in the January budget. Thank you.
- Andrea Faria
Person
Hello team. My name is Andrea Faria and I am the producing artistic Director for Western Placer Arts Association. We are the only nonprofit children's performing arts program in Lincoln exposing children to the performing arts at a young age. It makes them better public speakers, it gives them higher GPAs. Across all socioeconomic backgrounds.
- Andrea Faria
Person
It gives them higher self esteem. It makes them more inclusive, better able to express their emotions. I can't tell you how many parents have come to me in tears telling me that their kids have not been able to find sports or clubs. They were unable to find their place.
- Andrea Faria
Person
But they come to musical theater and finally they're able to find somebody that celebrates them and for who they are. It's a bunch of places for kids to be celebrated. It's a place that, that kids can go and be themselves.
- Andrea Faria
Person
And then they grow up and they become patrons of the arts and they become people who give back to their communities. And we don't come to be in the nonprofit community because we want to be millionaires. We do it because we have a passion for the arts. And so I can't.
- Andrea Faria
Person
I can't explain to you enough how much we need this part. We need this in our community. It's nothing but positive stuff that happens. And so I just. I beg of you to continue to support the arts in our area. But thank you guys so much.
- Keith Rydell
Person
Good morning. My name is Keith Rydell. I'm the managing Director of Capital Stage Company here in Sacramento, California. The governor's proposal to cut all of the funding for the performing arts equitable payroll fund absolutely cannot happen. This grant will be a lifeline for Capital Stage. This is an existential moment for our company.
- Keith Rydell
Person
We continue to feel the effects from the pandemic. Audiences have still not returned to pre pandemic levels. Earned income has not met projections. And just since 202025% of Bay. Area theaters have closed or suspended operations. A staggering statistic. And in the past two years, Sacramento has lost one of three of our small professional theaters.
- Keith Rydell
Person
The closure of any arts organization has significant impact on our economy. The arts industry contributes 7.5% of California's GDP. In the past 10 years, Capital Stage has paid over $7 million in wages, taxes, and benefits, employing hundreds of artists, designers, and staff. We see upwards of 21,000 people walk through our doors each year, many of.
- Keith Rydell
Person
Who support restaurants and other local businesses in our area. Research shows that for every theater ticket, people spend an average of $35 per person above the cost of their ticket on other services. Parking and food and drink being the two major ones. Theater creates empathy, and we need more empathy in this country.
- James Ellison
Person
Good morning. My name is James Ellison. I'm the artistic Director of Celebration Arts.
- James Ellison
Person
I'm the artistic Director of Celebration Arts. And we need to keep this funding for the arts because we just created jobs. We did recently create jobs. We're one of the small organizations, but. We are the premier black theater in Sacramento. But we don't just do theater. We do everything. We do music, dance, and we uplift the community.
- James Ellison
Person
We uplift our youth. I was one of those troubled youths. That got into theater and got into the arts. And because of the arts, I'm here now running the theater. And now I've changed. I've been a changed person because of it. And if we get those funds, if.
- James Ellison
Person
We get those funds, those jobs that we have, we'll still be able to keep them. So now we're supposed to be not having those jobs. So I do ask you guys to please continue that funding and let us keep those. That 11 million.
- Jennifer Lane
Person
Good morning. I'm Jennifer Lane. I serve as Policy Chair of California Arts Advocates, our statewide arts and culture advocacy organization. I urge you to reject the governor's elimination of funding for the performing arts Equitable Payroll Fund.
- Jennifer Lane
Person
This proposal comes at a very troubling time of deep cuts to state arts funding, including over 70 million of previously approved investments. And this proposal will be devastating for our sector. Performing arts is a powerful economic Engine, producing over 250,000 jobs statewide and thousands of downstream jobs. It is a jobs creator and retainer.
- Jennifer Lane
Person
I want to reiterate that the Equitable payroll Fund is already well underway. These funds have been committed. They are not unspent and demand exceeds supply.
- Jennifer Lane
Person
And as of today, we have close to 250 organizations that have signed on to a letter opposing these cuts and including the California Federation of Labor Unions, Cal nonprofits and the California Travel Association. So let's finish what we started and reject these cuts. Thank you.
- Sean Fenton
Person
Good morning. My name is Shawn Fenton. I'm the Executive Director of Theater Bay Area in San Francisco. We support over 200 arts organizations across the greater Bay Area, the majority of whom are small orgs with budgets of under $2 million a year.
- Sean Fenton
Person
Last week, Aurora Theatre in Berkeley, despite being the incubator of a recently two time Tony Award nominated play, also announced it is shutting down operations. Without this fund, too many other arts organizations in the Bay Area and across California will definitely close. These aren't just abstract numbers. These are our colleagues, our friends, their livelihoods, their jobs.
- Sean Fenton
Person
To reverse course now would not only be devastating, it would waste the months of time and resources already invested in standing up this program of already promised relief. Please keep this program intact and funded. Thank you very much.
- Unidentified Speaker
Person
Hello, Assembly Members in 10 words. Why should you Fund the PAPF? Because music is the universal language that can heal us all. My name is Maud and I'm the founder of Music Landria, one of the orgs that will be forced to close without this funding. We're the largest instrument program in the United States.
- Unidentified Speaker
Person
We've provided over $3.5 million of free access to music instruments. We're also the only all ages music venue that's alcohol free in Sacramento where young musicians can come play live, build. Family like bonds, heal and grow. I know how stressful your job is, especially working through all this budget stuff. And music is a great way to unwind.
- Unidentified Speaker
Person
So I'd love to invite you to. Come and visit Music Landria while you're in town so you can see, hear and feel the impact of our programs and why the arts are worth funding.
- Sharon Quirk-Silva
Legislator
Thank you. Say that. Say that name again one more time so we can all go visit tonight.
- Unidentified Speaker
Person
Please do. We have a show on Thursday and we're called Music Landria. Music. Music Landria Alexandria, but Music Landria.
- Dylan Hoffman
Person
Morning, Madam Chair. Dylan Hoffman, on behalf of the Center for Employment Opportunities, I want to align our comments with REDF in support of the California Rise program. It's absolutely vital for employment social enterprises like ours who provide workforce development training for the formerly incarcerated population. So appreciate the funding for that. Thank you.
- Sharon Quirk-Silva
Legislator
Thank you. Anybody else speaking? I know we have semi Member Matt Haney who wants to make an additional comment.
- Matt Haney
Legislator
Yes, well, I want to appreciate everyone who came in and shared their comments and also shared the letter with us. I just wanted to underscore that this would be disastrous to see these, these programs cut.
- Matt Haney
Legislator
In particular, want to note the Performing Arts Equitable payroll Fund, where there's already been some of these funds that have been spent or planned to be spent and places would have to close and people would have to lose their job.
- Matt Haney
Legislator
I can say that I've spent a lot of time over the last couple years looking at what we can do to support some of our downtowns across our state that are struggling. We visited 10 of these last fall, 10 different cities.
- Matt Haney
Legislator
And the consistent theme that came up was that if we're going to get people to come back into our cities, to come out to our restaurants, to our bars as tourists, to live in our cities that are still struggling with a lot of vacancies, that the arts have to be at the center of it.
- Matt Haney
Legislator
And so these organizations really have an exponentially positive effect on so many different aspects of our state, and it's a relatively small amount of money.
- Matt Haney
Legislator
So, Madam Chair, I really hope that we can do whatever we can to restore those funds because it's just critical for those organizations and also so many positive effects that come as a result of that. So I just want to underscore, I know that my colleague from San Diego also agreed with that in his comments.
- Sharon Quirk-Silva
Legislator
Thank you. And we do have another Assembly Member that wants to make comments. But I do want to add, this is the budget process, exactly how it should work, which is sometimes we go in order and then we hear from the public, there's a response, and that's what's happening here. Assembly Member Gibson, thank you very much.
- Mike Gipson
Legislator
Madam Chair, and thank you for allowing me and the speaker. Allowing is opening up to other Members who don't sit on these subcommittees to come in and weigh in, especially during this very, very critical time as we go through our budget process.
- Mike Gipson
Legislator
So again, thank you for allowing me to be here, the speaker, for opening up the gates to other Members to be part of these committees and also the dialogue and the discourse. Former Chair of the Arts and Entertainment, Sports and Tourism.
- Mike Gipson
Legislator
I certainly understand your passion and certainly believe in the arts and the creative economy and why these arts. I mean, last year we had, you know, a tsunami storm just trying to maintain and budgets were cut and then money was restored to some degree and how important this is to local levels and as well as our communities.
- Mike Gipson
Legislator
And so thank you very much for those who've testified and you articulated your particular point and why these funds are absolutely necessary. And I want to align my comments to my colleague, both from San Francisco as well as San Diego. We need to do everything we can.
- Mike Gipson
Legislator
This is a drop in the bucket in terms of our overall budget. Right. And how these funds can really change people's lives and, and help. And it's not by which it's not adding to the economy, it's adding to the creative economy, putting people to work.
- Mike Gipson
Legislator
It's creating an avenue not only for our local performers and artists, but also those on a national stage as well. And so this is very, very, very important. And thank you very much for elevating the importance of why we need to make sure that these funds are in fact remaining into our budget.
- Mike Gipson
Legislator
And also I chair the Select Committee on the Ports and Goods Movement and certainly around, you know, zero emissions vehicles as well as containerized ports. We have to do everything we can to making sure that our ports are as vibrant as possible. We tout and we brag about being the fourth largest economy.
- Mike Gipson
Legislator
But we also need to make sure that we continue to be very, very competitive to making sure that we can have bragging rights. We don't want to lose our footing in terms of where our economy is at. And we know and realize that our ports are in fact, the lifeline of California.
- Mike Gipson
Legislator
And we need to be really making a significant investment into all of our 12 ports.
- Mike Gipson
Legislator
I toured all of our 12 ports and came out with a legislative report why our ports are needed and why our ports need to have a continuous stream of funding to making sure we're competing with Panama and all the other different ports outside of California and they want our business.
- Mike Gipson
Legislator
And if we're not making a significant investment into our ports to making sure that we stay competitive, then we shoot ourselves in the foot, not only to the jobs, but also our overall economy. And so I just want to go on record to saying that because that's very, very important.
- Mike Gipson
Legislator
And as we continue to deliberate in the space about our budget, that we continue to one, make sure that our, that our, our arts are maintained and also making sure there's no funding cuts in that regard.
- Mike Gipson
Legislator
And also we increase our funding to our ports and our goods movement in order for us to continue to maintain California's footing and being a real trailblazer in this space. So thank you very much, Madam Chair.
- Sharon Quirk-Silva
Legislator
Thank you, Assembly Member. Again, I concur with my colleagues. And if we've made a promise to organizations to Fund and then we pull it back at the last possible moment, that's not how we want to do business in California. So I definitely feel that we have to find a way to keep those funds in the budget.
- Sharon Quirk-Silva
Legislator
And I know that in a tight budget it's always hard to say no. But if we've already moved forward with notifying and so forth, I think that's a really poor way to operate with that. We thank you for being here. I apologize to everybody. I know we're moving things back and forth around the agenda.
- Sharon Quirk-Silva
Legislator
One of the things we're trying to do is make sure we can keep some of our Members here. So please forgive us. We will be next going to the Department of Cannabis Control. We will finish this agenda after lunch.
- Sharon Quirk-Silva
Legislator
So those of you who are here for other items, we will come back at 1:30 to 2:30 or 2:15, I believe. Okay. About 2:215. And if we don't finish everything, we will carry some of this over tomorrow. As you know, it is agendized also for another hearing for tomorrow.
- Sharon Quirk-Silva
Legislator
So I'll repeat that we're going to do cannabis now. We will finish up after cannabis, take a break, come back at 1:30 to go through more items. But we will conclude at 2:15. So 1:30 to 2:15 and then tomorrow, whatever remains, we will take tomorrow's agenda items plus remaining items that we don't complete today. All right.
- Sharon Quirk-Silva
Legislator
With that we want to welcome the Department of Cannabis Control and please introduce yourself as you make your comments.
- Christina Dempsey
Person
Good morning. My name is Christina Dempsey and I serve as the Deputy Director of Government affairs for the Department. I'm going to be as brief as possible so that we can move on to.
- Sharon Quirk-Silva
Legislator
And let me just interrupt just to let you know, we will be combining items 8 and 9. Yep, thank you.
- Christina Dempsey
Person
I'll speak to both of them briefly and then allow as much time as possible for discussion and public comment.
- 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 also being mindful about cost pressures that can disadvantage the legal market and make it harder to displace illegal activity.
- Christina Dempsey
Person
The main proposals that are included are to shift the Department's illicit enforcement funding from the Cannabis Control Fund to the Cannabis Tax Fund. The goal here is to create a more stable and equitable funding source of this for this activity and this also aligns with how other state agencies illicit cannabis enforcement funding is currently structured.
- Christina Dempsey
Person
Second, to provide authority for DCC to seal locations where illicit activity is occurring. The goal here is to prevent recurrence of activity and more effectively utilize existing resources. And the third is to refine eligibility and prioritization for BSCC allocation.
- Christina Dempsey
Person
3 Grants these are the only sources of state funding to support local law enforcement as it relates to implementation of cannabis laws and the refinements that are proposed would better support local law enforcement efforts to combat the illicit market. I can go into any detail that you wish as questions arise, but the main.
- Christina Dempsey
Person
The main thing that we are trying to accomplish here is to 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
We believe enforcement is critical to ensuring licensed market integrity and combating the illicit market, but we cannot sustain these activities without utilizing a more stable and appropriate funding source.
- Christina Dempsey
Person
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. We do recognize that there are trade offs inherent in these proposals and there are intersections with other policies under consideration by the Legislature.
- Christina Dempsey
Person
But we believe that these proposals represent the best path forward and move us closer toward achieving the purposes of Prop 64. So I'll stop there.
- John Parsons
Person
John Parsons, Department of Finance Just wanted to make a few comments. One of the recommendations from the LAO includes deferring this BCP proposal until A. Decision is made on the excise tax rate. The Cannabis Tax Control Fund is headed towards a negative fund balance in 26-27.
- John Parsons
Person
If the proposal to shift enforcement to the tax fund is delayed until policy decisions are made on the excise tax, it would present challenges to DCC to secure funding stability within a limited time frame.
- John Parsons
Person
If DCC needs to implement fee increases as an alternative to this proposal, it would take at least six months to a year to develop regulations. Additionally, DCC would need to make choices. With its expenditures to maintain a positive. Balance and build some reserves without certainty of a budget solution by next June.
- John Parsons
Person
Next item, the LAO provides a suggestion to increase eligibility for the Proposition 64 grant program by setting small jurisdiction threshold up to 10,000 residents rather than the 3,500 that we are proposing. We are open to discussion to discussing discussing the suggestion further as it may allow for additional governments to be eligible for the BSCC grants.
- John Parsons
Person
And finally, regarding the trailer bill language proposal to authorize DCC to seal a building if illegal activity is discovered. The LAO recommends rejecting this proposal.
- John Parsons
Person
Just want to note that the proposal would allow the Department to use existing enforcement resources more efficiently, while at the same time this proposal would alleviate concerns about sites being reopened in just a matter of days or weeks.
- Charlene Manning
Person
Charlene Manning, Department of Finance, available for questions.
- Heather Gonzalez
Person
Heather Gonzalez, with the LAO. We've prepared comments on two of the Department of Cannabis Control items before you today.
- Heather Gonzalez
Person
We'll start with the shorter one which is the trailer bill related to enforcement, strengthening enforcement and as my colleague from the Department of Finance mentioned, we are recommending that you reject this proposal and allow it to go through the policy Committee process. We think it has legal and policy implications that would benefit from that deliberation.
- 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 recommendation as to whether you adopt, modify or reject this 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 tax fund revenues if enacted, and my colleague Seth Kirstein will walk us through our assessment of that.
- Seth Kerstein
Person
Seth Kirstein, with the LAO. So there broadly are three ways to address the Cannabis Control Fund's structural deficit. There's reducing the department's enforcement activities or raising fees or finding some other revenue source to support the enforcement activities.
- Seth Kerstein
Person
So each of those approaches would prioritize certain policy goals, such as helping the licensed cannabis market or supporting the programs that receive funding from the cannabis tax Fund.
- Seth Kerstein
Person
So this Fund shift that the Administration is proposing takes the route, at least in a vacuum, of prioritizing the licensed cannabis market by using money from the Cannabis Tax Fund to keep funding enforcement without raising fees on cannabis licensees. And so this would reduce funding for Allocation 3 programs.
- Seth Kerstein
Person
Similarly, the bill my colleague referenced, AB 564, would keep the cannabis excise tax rate at 15%, which is its current level, instead of letting it rise to 19% on July 1, as it will under current law.
- Seth Kerstein
Person
And so, similar to the administration's proposal, AB564 would help the licensed market while reducing the amount of funding available for Allocation 3 programs, which would receive more revenue if the rate rises to 19%. So what are the options before you today? The first one is to go ahead and adopt the May revision fund shift proposal.
- Seth Kerstein
Person
If you then also were to pass the bill keeping the tax rate at 15%, that combination of actions would strongly favor the legal cannabis market and support it while constraining funding for programs supported by allocation 3 of the Cannabis Tax Fund.
- Seth Kerstein
Person
If you were to allow the tax rate to increase to 19% on July 1, that likely would more than offset the effects of this proposal on the Cannabis Tax Fund. And that tax increase also would weaken the licensed market.
- Seth Kerstein
Person
Alternatively, you could consider a different approach to balancing the cannabis tax Fund, either by reducing the department's enforcement activities or raising fees on licensees. So those options would avoid drawing upon resources from the Cannabis Tax Fund.
- Seth Kerstein
Person
And that could help offset a portion of the effects of the tax bill if that bill is the Legislature's preferred vehicle for providing economic relief to the licensed market.
- Seth Kerstein
Person
And finally, as the Administration alluded to, you could wait to see what happens with the tax bill and reassess the proposal when you have a better sense of the revenue picture with the excise tax based on the action you choose to take there.
- Seth Kerstein
Person
And while the Administration has raised some concerns in terms of the urgency here, we would note first of all, the Administration did not present this proposal until May revision. So then to say that it's suddenly so late in the game that we need to act now isn't doesn't quite line up with that.
- Seth Kerstein
Person
Second of all, as the speaker's budget advisor likes to say, the state's Strong cash position gives it plenty of options for managing things in the short term while it figures things like this out. So happy to take any questions.
- Matt Haney
Legislator
Yes. Well, first of all, thank you for being here and for the comments in the proposal. I both appreciate the recognition that we have to do and the commitment that we have to do more on enforcement of the illicit illegal market as well as do more to support the success of the legal market.
- Matt Haney
Legislator
Certainly that's the commitment that we've made in adult use legalization with Prop 64. And the expectation was that we were going to move towards a thriving, regulated, successful legal market. And I think that there are signs right now that are deeply concerning that we're moving in the wrong direction.
- Matt Haney
Legislator
And I know you live this, so you understand that I'm not telling you something that you don't know. But for folks who are watching or listening, in 2024, active cannabis licenses decreased by 18%.
- Matt Haney
Legislator
More and more small cannabis businesses in particular are succumbing to the pressures associated both of competing with the illicit market and also high levels of taxation and regulation, which means very high costs that are putting them out of business.
- Matt Haney
Legislator
We still have a situation where fully licensed legal businesses in California capture just an estimated 40% of the state's entire market, while the underground legal market accounts for 60% of the overall market. And so we see reduction in sales, reduction in revenue, more businesses closing.
- Matt Haney
Legislator
So we have to act if we are going to support this market that is finding itself struggling more and more every year. And I think each year that goes by, as they close, as they struggle to compete with the illicit market, more folks go back to the illegal market, we lose ground.
- Matt Haney
Legislator
And this is going to be a devastating situation, not only for the many consumers and patients, for these many businesses that employ folks that do create jobs and revenue for our cities also who rely on these. So we are in a real turning point here and a fork in the road.
- Matt Haney
Legislator
And so I think it's critical that we make these investments in enforcement and sustain funding for it. But we also have to do more to support these illegal businesses and to make sure they can be successful.
- Matt Haney
Legislator
And the elephant in the room, I guess we've just brought it into the room, is that just shortly they're going to be hit with a massive tax increase that is scheduled over 20% tax increase on what they pay and their excise tax on top of local taxes, on top of being unable to rely on some of the federal mechanisms that all other small businesses can.
- Matt Haney
Legislator
And if we increase their taxes by such a huge amount right now, even if we're putting some money into enforcement, I think it is sending a message that is very dangerous about our state's commitment to their success and will lead to, in the short term, medium term and long term, businesses closing, revenue going down and less money for these tier three recipients that rely on it.
- Matt Haney
Legislator
So I wanted to ask, and then I want to make a statement about that, but I want to ask if there's more that is being done not only to increase enforcement practices, but to support the legal industry and if any of that is reflected within the budget.
- Matt Haney
Legislator
I know that you're not responsible for the tax increase, that this was something that was agreed upon in legislation with the Governor and the Legislature a few years ago. But aside from that, what is the sort of the within this budget, the ways in which there's additional support for these legal businesses?
- Clint Kellum
Person
So, Clint Kellum, Chief Deputy Director of the Department of Cannabis Control, there, you're right, you're pointing out some data points that show that more work is to be done here. Right. And there is no silver bullet.
- Clint Kellum
Person
It's probably about a half dozen things we need to do well to probably get ourselves into a state where this will be delivering on Prop 64. Pull the mic closer. Oh, sorry. So, you know, having a well regulated, strong market is supported by this proposal.
- Clint Kellum
Person
So the Department has the funding to support its expenditures because even though we're not asking for more, there are more licensees that haven't fully right sized for that. So we're at least being able to support that activity. We need to be mindful of lower our cost on our cannabis businesses. This does exactly that.
- Clint Kellum
Person
You know, part of the reason we're here in the May revision is we did have a fee package working its way through the process. Then our economic report came out, gave us some of these data points, said to be mindful on businesses, talked about the importance of the illicit market.
- Clint Kellum
Person
And we zoomed out and started looking at the total revenue brought to us by the industry and looked at the magnitude of illicit enforcement cost as a part of the department's budget, which is close to 40%.
- Clint Kellum
Person
And we figured out this is the right proposal to address that and make that foundational change for the future so that we're not increasing costs. The Department can, you know, have these other pieces that are important to the market. And so those are all encompassed in this proposal today.
- Clint Kellum
Person
We also have the BSC grant modifications that will increase hopefully illicit market or illicit market enforcement at the local level, this is existing funds, given the budget environment where we're prioritizing all of those pieces.
- Clint Kellum
Person
So, and then the padlocking proposal was intended to bring forth a way of addressing more effective enforcement without asking for more, given the budget environment we're in. And so that's how we sort of think that this budget addresses all of those pieces. Is it perfect? No. And as it relates to this tax increase in general, the.
- Clint Kellum
Person
Our proposal and that proposal aren't mutually exclusive. I think our proposal sort of marries that same idea of being mindful of the cost on cannabis business operators. And if the Legislature were to choose to include that in their budget, it would be a great opportunity to discuss all these things together.
- Clint Kellum
Person
There are downstream impacts and general fund pressures created by those decisions. And so that's all of kind of this budget deliberation process to be able to discuss those and figure out what are the priorities.
- Clint Kellum
Person
I mean, I do think clearly from the cannabis operator standpoint, if we were to look at that in isolation, I think the answer is probably clear. But as you go downstream and start thinking about the impacts, it becomes more complicated.
- Clint Kellum
Person
And so over the next few weeks, I think the Administration, the Legislature, will have that opportunity to work out those details and hopefully come to the best decision.
- Matt Haney
Legislator
I could not agree more with everything you just said and appreciate the thoughtfulness which you're going about it and the commitment to continue to work on these issues and that they are not mutually exclusive.
- Matt Haney
Legislator
I will say on the record that I would urge the Committee, and I hope that the Legislature does look to pair this proposal that's in front of us with a freeze on the cannabis excise tax rate at 15% through trailer bill legislation.
- Matt Haney
Legislator
I think this is essential for us to be able to stabilize the legal market, to confront the illicit illegal market which continues to grow, and to preserve the public health gains that have been made. I'm deeply concerned about what will happen if we put this massive tax increase on this industry right now.
- Matt Haney
Legislator
This is the only set of businesses that are competing at this scale with such an illegal market that, that. And at the same time being faced with this huge tax increase. This is a tax increase that is not rooted in research or economics or any particular analysis of what is happening at this moment.
- Matt Haney
Legislator
And I appreciate the way that you had flexibility with what you saw and how that affected the fee proposal. We need to have that same real life, real world response to what we're seeing with the market right now.
- Matt Haney
Legislator
This tax increase was planned from years ago, unrelated to what We've seen in the, in the past few years and what we're seeing right now, which I think should tell us that a tax increase of this size right now would be disastrous.
- Matt Haney
Legislator
And so I know that last thing I'll say, I know there is a bill which I'm the author of and my colleagues have very widely supported in a bipartisan way. But that bill would. I hope it passes, but it would come too late for the planned tax increase. So I hope that we.
- Matt Haney
Legislator
I look forward to the continued conversations, I know with the Chair and with the Administration and the. And both houses and about how we can best accomplish all of these goals as quickly as possible and I hope in a way that prevents this tax increase. Thank you.
- Sharon Quirk-Silva
Legislator
Thank you. We have one another Member. Assembly Member Gipson.
- Mike Gipson
Legislator
Thank you very much. And I want to appreciate my colleague from San Francisco for his articulation. Certainly I supported that bill as a Chair in Reverend Tax and looking for that bill, hopefully winding up on the governor's desk. I think it would absolutely help. And my colleague articulated the reasons why taxes and enforcement is important.
- Mike Gipson
Legislator
I just want to bring it home for everyone's. For their hearing. His name was Juan Carlos Hernandez, 21 years of age. A resident of my district, freshman at El Camino College, was murdered at an illegal cannabis shop. His first, very first job that he ever had. His mother was a social worker, single mom.
- Mike Gipson
Legislator
He took that job enthusiastically. Didn't know what he was getting into, did not know, didn't understand that it was an illegal. An illegal cannabis shop. He saw something that he shouldn't have seen. And he was murdered by the two employees there as well as the owner. And his body was.
- Mike Gipson
Legislator
And the cameras caught his two individuals taking him out and placing his body in the trunk of a car. And we pinged law enforcement, law enforcement, law enforcement. I did say law enforcement. Law enforcement pinged the owner's phone and went to a shallow grave in the Mojave Desert.
- Mike Gipson
Legislator
And that's where they found Juan Carlos Hernandez's body that had been there for almost nine months. The reason why I elevated that, I am appalled that we would even talk about doing away with the enforcement portion. The people of California voted for Proposition 64. And we all thought it was the best thing to slice bread.
- Mike Gipson
Legislator
We thought that it was going to be certainly a great revenue stream for the State of California to do all these amazing things. Then we put a lot of burden on illegal legal cannabis shops in the State of California and drove most of those individuals out of business because it was now unaffordable.
- Mike Gipson
Legislator
At the same time, we pulled back on the enforcement that gave rise, that gave more impetus to the illegal illicit market that is not paying taxes to California and that is furthering this illegal underground economy. Right.
- Mike Gipson
Legislator
That makes it very difficult for the legal cannabis to do business in the state legally and permit it by cities approving such permits to do and operate in the business. And so we cannot put additional fees on legal cannabis because we will continue to help empower the underground economy, the black illicit market to grow.
- Mike Gipson
Legislator
And that's not what we want because we've seen what happens when illegal. As soon as you close down an illegal cannabis shop, literally 24 hours or less than 24 hours that they're up doing it again, right. In Compton, every time they shut it down, they opened it back up.
- Mike Gipson
Legislator
Compton said we fed up what they did, they brought a bulldozer and bulldozed the actual building, bulldoze the actual building to say we don't want this in our communities. And so we have to again look at other approaches. And I'm glad the LAO made mention of some options, certainly for me digressing or eliminating or rolling back.
- Mike Gipson
Legislator
We should be increasing the enforcement piece if we're going to have this market in California, this industry grow and thrive as we envisioned it based on the voters supporting Proposition 64.
- Mike Gipson
Legislator
And so I would hope that you would take my comments back and chew on those, these comments and digest these comments that we have to one, not further strangle the legal cannabis operators who are operating legally in the State of California.
- Mike Gipson
Legislator
And we must do everything we can to increase the enforcement piece so that we can drive these illicit individuals out of business. Thank you very much.
- Sharon Quirk-Silva
Legislator
Thank you. With that, I'm not going to repeat, but completely concur with my colleagues up here.
- Sharon Quirk-Silva
Legislator
As you've heard me say before, enforcement is essential and we need to send a clear message to the illicit market that we are serious here in California and we need to do all we can to make sure that the legal market is supported. And by adding additional taxes, we will in essence dry on them.
- Sharon Quirk-Silva
Legislator
And so I highly support my colleagues comments with that. We will invite the public to come up before we start with the speaking just to round out. We will finish this item as soon as public comments. Actually, I think if we can. Hold on, you can. Okay.
- Kristin Heidelbach
Person
Public comments. Hi there. I just ran from the eighth floor swing, so I apologize for being a little out of breath. Kristin Heidelbach here on behalf of UFCW Western States Council, very supportive of the May revise and shifting the funding to the taxes. We've all been asking for additional enforcement.
- Kristin Heidelbach
Person
Our legal and unionized operators are asking for additional enforcement and we can't ask the DCC to do more without giving them the tools to do so. So we appreciate that. Summary Member Gibson thank you for your comments. I also just want to add some of the conversations that are going on regarding the budget and AB564.
- Kristin Heidelbach
Person
Some folks are implying that we're picking winners and losers when we talk about Tier 3 funding in cannabis. And I just want to highlight for this body that the portion of taxes that go into the child care funding is 4%. 4%.
- Kristin Heidelbach
Person
So it's existential for the cannabis industry and yet the child care funding is receiving these dollars and additional money from other areas. I would ask for some transparency in the funding, how it's being spent, how those dollars are being allocated. Right now I know that we have percentages. That's not what I'm referring to.
- Kristin Heidelbach
Person
We're referring to specifically what programs this money is going into. And then finally, I missed Assemblymember Haney's comments, but we're really looking to loop AB564 into the budget. Trailer bill this is a consumer tax. Cannabis consumers are price sensitive.
- Kristin Heidelbach
Person
UFCW has our lobby day today, so a lot of you are gonna hear from our workers and a lot of them are cannabis workers that are could potentially lose their jobs because they watch more and more consumers go into the illicit or they're buying intoxicating hemp. So appreciate thank you for this Committee. Thank you.
- Sharon Quirk-Silva
Legislator
Let's make sure we stay under 30 seconds please and come right up to the microphone.
- George Parampathu
Person
Good afternoon Chair and Members. George Parampathu speaking on behalf of ACLU California Action in opposition to the enforcement piece. This trailer bill raises several constitutional issues including a disregard for property rights, due process and the Fourth Amendment.
- George Parampathu
Person
Moreover, I would like to emphasize that any harms caused by this bill will fall disproportionately on BIPOC and low income Californians. Looking back, the Legislature has historically protected property rights from government overreach. For example, passing SB 443 in 2016 to rein in California's asset forfeiture scheme. Unfortunately, this trailer Bill goes in the opposite direction.
- George Parampathu
Person
Lastly, as the DOF and LOH. LAO noted, it is inappropriate to use the budget process to expand an agency's power to take Californians property. Instead, debating this policy should be brought before the appropriate policy committees. Thank you.
- Sarah Kent
Person
Sarah Kent on behalf of the Rural County Representatives of California speaking in support of the changes to the BSCC grant process to allow more flexibilities for more jurisdictions as well as prioritizing enforcement. That way we can get more resource deployed on the ground in a collaborative manner.
- Sarah Kent
Person
In addition, we support the proposal to seal an unlicensed premise. Oftentimes we're dealing with retail. It's whack a mole. We get complaints 24 to 48 hours, they're back up in business. Is a creative solution to help give the legal industry a fighting chance. 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 expanded enforcement authority. The proposal has a number of troubling aspects. Several brought up were brought up previously and we have laid out our concerns in a detailed letter.
- Rebecca Marcus
Person
On a high level, this proposal is a significant expansion of the 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 overreach or abuse. We don't support the proliferation of the illegal market.
- Rebecca Marcus
Person
However, we do support the protections our state and federal constitution afford all of us and ask that the Administration find a way for law enforcement to do their jobs within this protection. And we agree that the with the LAO that this should be brought to a policy Committee. Thank you.
- Amy Jenkins
Person
Good afternoon, Madam Chairwoman and Members. Amy Jenkins, on behalf of the California Cannabis Operators Association, We represent over 300 license holders in 125 jurisdictions.
- Amy Jenkins
Person
We strongly support the proposals that have been put forward by the Administration to bolster enforcement efforts, whether that is using cannabis tax fund dollars to support illicit market enforcement activities as well as the BSCC grant program. We've been trying to champion that for a long.
- Amy Jenkins
Person
If I could just echo the comments of my colleague Kristin Heidelbach with ufcw, we absolutely would want to see the tax freeze incorporated into the final trailer bill proposal and appreciate the leadership of Assembly Member Matt Haney in trying to advance that effort. Thank you. Thank you.
- Sharon Quirk-Silva
Legislator
Seeing no one else coming, we will then close this item out on the canvas and we want to thank you for your presentation. Thank you so much. And we are going to. We have our. Our colleague here, Assembly Member Mark Gonzalez is going to close us out with a public comment and then we will return at 1:30.
- Mark Gonzalez
Legislator
Thank you, Madam Chair. Just point a personal privilege. Thank you so much for the time today and for everybody here. I know I'm between you and lunch, but one of my nonprofits is here today and I know everyone is having these conversations about what dollars mean. I know Mr. Gibson has been very supportive as well.
- Mark Gonzalez
Legislator
So I just wanted to invite them up to the mic if they could have a minute to just state why the YMCA of Los Angeles and wildcard recovery dollars are needed in the budget.
- Jenny Carrion
Person
Good afternoon. My name is Jenny Carrion. Madam Chair, thank you for this opportunity. We appreciate you giving us time to talk with you all today. I'm here to support Assemblymember Gonzalez 20 million funding request for the YMCA of Metropolitan Los Angeles critical wildfire recovery efforts. We understand these are challenging physical times.
- Jenny Carrion
Person
But support for fire victims is not just the right thing to do. It's an investment in community resilience, economic stability and public trust. My 15 year old daughter, Isabella Lacey lost her home that she shared with her dad on January 7th. Not just did she lose her things, her cats that she loves so much. Milan Precious.
- Jenny Carrion
Person
She lost her community. That part of the community never received emergency response warnings. Thanks to the ymca, teens and fire victims like my daughter continue to receive essential wraparound programs that four months later still desperately need. We ask for your support. Recovery takes time.
- Jenny Carrion
Person
While the crisis has faded from the headlines, thousands of Californians are still navigating the complex personal process of rebuilding. Thousands of residents have lost their homes, jobs, schools and peace of mind. Disasters of this scale demand sustained government support not only at the moment of the crisis, but throughout the long recovery.
- Jenny Carrion
Person
Turning away now would only deepen the trauma. It will prolong hardships. Thank you.
- Jimmy Ozaida
Person
Jimmy Ozaida with the YMCA Metropolitan Los Angeles. Thank you Chair Quirk-Silva and Committee Members for for the opportunity to speak here. But more importantly, thank you for your service. I'm here to Support Assemblymember Gonzalez 20 million funding requests for the YMCA Metropolitan Los Angeles. As state and local agencies face budget cuts, the YMCA has stepped up to.
- Jimmy Ozaida
Person
Fill crucial gaps in the social safety net. This funding isn't just supporting one organization. With services being reduced, wildfire victims have fewer places to turn, making the YMCA that much more important in their lives. 17 legislators from across LA County have signed on and are supporting Assemblymember Gonzalez.
- Jimmy Ozaida
Person
Funding budget requests, including Assembly Member Gibson, who's here today and has two wives in his district. It sends a clear message of the widespread support and need for the services. As my colleague mentioned, recovery does take time, but we respectfully ask for your support for this one time investment that. Will help maintain critical essential services.
- Sharon Quirk-Silva
Legislator
Thank you. We appreciate that we will be recessing to 1:30, and then we will come back and make our way through the remainder of the agenda. Thank you, everybody.
- Sharon Quirk-Silva
Legislator
Good afternoon, good afternoon and welcome back to our Committee, the Assembly Budget Subcommitee 5 on State Administration. We have a few items to finish up from our agenda today, issues 67 and 13 through 17. Any issues we don't finish today we will add to our hearing for tomorrow afternoon, which is at 1:30 in this room.
- Sharon Quirk-Silva
Legislator
We'll announce the room later. Thank you for participating in your favorite budget hearing of the week with our favorite Assembly Member here in there. All right, let's go ahead and begin with issue number six, the vehicle license fee backfill.
- Diane Papan
Legislator
So, thank you, Madam Chair. I do have some, just some opening remarks that may streamline the process because it is such a complicated subject matter. So BLF vehicle license fee, our favorite topic, how we got here. In 2004, then Governor Arnold Schwarzenegger reduced the vehicle license fee from 2% to 0.65% of a vehicle's value.
- Diane Papan
Legislator
This change was a massive financial blow to California cities and counties who rely on these revenues to Fund core public services. Though the vehicle license fee is collected by the DMV, the revenues are local dollars historically used for public safety, emergency response and infrastructure.
- Diane Papan
Legislator
Recognizing the scale of the fiscal impact, the state committed to quote, hold local governments harmless, end quote, ensuring they would continue receiving revenues as if the 2% VLF rate were still in place. To be clear, this arrangement wasn't a favor. It was a necessary correction to to a state initiated loss.
- Diane Papan
Legislator
The state agreed to make up the difference between the reduced VLF revenue and the original VLF amount to implement the state's commitment to backfill local governments for the Vlf losses. The 2004 budget shifted to a new system.
- Diane Papan
Legislator
Rather than rely on the volatile General Fund to backfill the Vlf, the state created the property tax in lieu of VLF mechanism. How does it work? The in lieu fix is exceedingly complex. Complex, complex. In order to keep my presentation short, I'll identify the components and provide a summary of how it works to backfill the BLF shortfall.
- Diane Papan
Legislator
First, we have Prop 98 passed in 1988. We all know this is a constitutional amendment which guarantees a minimal level funding to schools. If local property taxes aren't enough to meet this level, the state will top them off. Then we have ERAF, the Educational Revenue Augmentation Fund, established in 1992. ERAF are state controlled accounts in each county.
- Diane Papan
Legislator
Property taxes are diverted from cities and counties and special districts into ERAF and these funds are used to support the Prop 98 minimum guarantee. Then we've got excess ERA.
- Diane Papan
Legislator
If the property tax dollars allocated to the EREF Fund are more than what is needed to meet the Prop 98 minimum funding guarantee by code specifically Revin tax code 97.3 D. The state must return the extra money to the cities, counties and special districts as excess eraf.
- Diane Papan
Legislator
Importantly, the code does not provide that excess ERAF can be used to satisfy the state's VLF obligations. Prop 1a passed in 2004, this amendment prohibits the state from rating local property taxes. The VLF shortfall was designate was designed around the VLF shortfall fix. Excuse me, was designed around the constitutional protections established in Prop 1a and Prop 98.
- Diane Papan
Legislator
Under the VLF shortfall fix, the VLF backfill is funded by ERAF and if needed from non basic aid school district property taxes. That's sort of the bucket, if you will.
- Diane Papan
Legislator
Then as the second prong of the arrangement, per Prop 98, the state comes in and funds the schools dollar for dollar for the amount of money that went out to pay for the VLF backfill. So what is the issue? This fix only functions successfully across 55 of California's 58 counties. Why? Well, the problem is insufficient eraf.
- Diane Papan
Legislator
San Mateo, Alpine and Mono counties are the current counties that are the exception because the system was never designed to account for the distinct factors in county. San Mateo county specifically has a unique mix of high property values and low student enrollment and as such is left with very few non basic aid school districts. The result?
- Diane Papan
Legislator
The bucket that's drawn from for the VLF fix, which is as I mentioned, ERAF and non basic aid school district property taxes are is insufficient to cover the state's VLF obligation. This manufactured phenomenon is known as insufficient eraf. Insufficient ERAF is not a loophole or a deliberate omission. It is a design flaw.
- Diane Papan
Legislator
The architects of the 2004 VLF compromise never envisioned a scenario in which the structure would fail to function due to demographic and economic uniqueness. For the last decade, the state has acknowledged this shortcoming and backfilled San Mateo County's VLF shortfall with General Fund Dollars. Again, this backfill was not charity.
- Diane Papan
Legislator
It was the state making good on its legal and equitable commitment under the 2004 VLF compromise. Yet in the current state budget proposal, this critical backfill amounting to 18% of my county's budget is completely absent. Now the Department of Finance may say, well just use your excess eraf, but that should be to to satisfy your VLF backflow.
- Diane Papan
Legislator
However, there's no legal basis for this assertion as stated above. The Revan Tax code provides the state must return excess ERAF to the counties. It represents property taxes returned to cities and counties when they exceed what schools can constit absorb.
- Diane Papan
Legislator
The Revan Tax code does not provide that this money will satisfy the state's unequivocal obligation to backfill the VLF shortfall following Governor Schwarzenegger's reduction to the vehicle license fee owing to counties for critical services.
- Diane Papan
Legislator
The Department of Finance's assertion that you can use excess ERAF to satisfy the state's VLF backfill obligations is the equivalent of asking the county self Fund what the state is legally required to Fund.
- Diane Papan
Legislator
It's like saying go raid your savings account to balance your checking account while every other county gets a guarantee guaranteed state funded backfill into their checking account. The loss of this revenue, as I mentioned, some 18% of my county's budget will devastate local essential services to my county.
- Diane Papan
Legislator
Fire protection, public safety, homelessness programs, mental health services are now all in the chopping block. The state's failure to honor its commitment jeopardizes local stability and violates the 2004 promise to keep local governments whole. Thank you Madam Chair for hearing me out.
- Chris Hill
Person
Good afternoon Madam Chair and Committee Members. Chris Hill, Department of Finance I agree. With what Assemblymember Papin said in terms of laying out the schematics of how. This works and the legal background.
- Chris Hill
Person
The only thing I would add is, as I think she noted, that there is no statutory obligation for the state to provide a backfill in cases of insufficient nexus. ERA we have received from San Mateo, Alpine and Mono Counties a combined request for $118 million in bailout funds for the 2324 fiscal year.
- Chris Hill
Person
We pay two years in Arrear, so. That's for 2324 fiscal year shortfall be. Paid in the 25-26 budget year. And again, there's no statutory requirement these. Funds be provided and consequently the Administration. Is not including provision of those funds in the Governor's Budget or the May revision.
- Chris Hill
Person
And I'd be happy to answer any additional questions the Members have.
- Sharon Quirk-Silva
Legislator
Any comments? Single all right. We appreciate your statement. Thank you for your response. Any comments from the public?
- Audrey Retajczyk
Person
Good afternoon. Audrey Retajczyk from Cruise Strategies on behalf of San Mateo County here to request support for adding the INLU VLF amount for our county. It's 114 million of that 118 million that Chris mentioned. Our local governments rely on these funds to deliver critical services to our residents for which costs are rising.
- Audrey Retajczyk
Person
The state ensures that every other county and city in California receives their full in lieu VLF amount, regardless of the amount. So the state shouldn't single out San Mateo in our cities to suffer a loss of essential funding by declining to reimburse the shortfall.
- Audrey Retajczyk
Person
As Assemblymember Papin mentioned, this is 18% of our operating General Fund budget and for the cities within the county, they vary based on the city, but they're all very significant portions of their operating budget as well. These percentages underscore how material and integral the in lieu VLF payment is.
- Audrey Retajczyk
Person
Without it, public safety, health, housing and other critical services would be at risk. It would also be contrary to the 2004 budget compromise in which these payments were guaranteed by law in exchange for substantial financial contributions by local governments.
- Audrey Retajczyk
Person
We are supportive of coming to a long term solution to eventually address this problem so that we're not coming back to you every year. But we just want to make sure that that solution does not cause San Mateo to be treated differently. So for now, we're here asking for the reimbursement. Thank you.
- Al Austin
Person
Thank you. Madam Chair, I'd like to just say good afternoon. Al Austin, on behalf of AFSCME, we represent roughly 4,000 workers in the County of San Mateo, including San Mateo and the cities within. The loss of funding will obviously have a detrimental impact on services, critical services in that county, but also workforce.
- Al Austin
Person
We respectfully ask that the funding be the backfill be approved in this budget. But more importantly, we too are very much interested in long term solutions and in addressing the statutory issues as mentioned by the Department of Finance. So we respectfully ask for your support for that one. Thank you. $1.0 million for San Mateo County. Thank you.
- Claire Sullivan
Person
Good afternoon, My name is Claire Sullivan. On behalf of the cities of San Mateo, Foster City, Redwood City, the town of Hillsborough and the City of Belmont, we respectfully request your assistance in securing VLF shortfall funding for the County of San Mateo and all its cities.
- Claire Sullivan
Person
My colleague Kobi Pazati behind me is going to pick up where I leave off if my time runs out. I will try to keep this brief. The City of San Mateo is due 6.6 million, which is a loss of 4% to the budget. It's equivalent to losing essential staff like police, firefighters, librarians and park service workers.
- Claire Sullivan
Person
Foster city is due 2.3 million, the loss of which is the equivalent of losing approximately 8 police officers or 14 park maintenance workers out of a total workforce of approximately 175 employees. Redwood City is due to 5.3 million, which is a loss of 3.1% to the budget and is equivalent to losing 15 police officers or 20 firefighters.
- Claire Sullivan
Person
The town of Hillsborough is due $800,000, the loss of which is equivalent to losing three police officers, which is 11% of their sworn officers, or six public public works maintenance office maintenance employees, which translates to there being no employees left to service their sewer enterprise.
- Claire Sullivan
Person
In the town, the City of Belmont, the shortfall amount is equivalent to losing 6% of the budget is the equivalent of losing 7 police officers or 12 maintenance workers. Cities depend on their share of these funds to provide essential services to their residents whose costs continue to rise.
- Claire Sullivan
Person
We thank you for your commitment to the local governments across California. Thank you. Thank you.
- Kobe Pozadi
Person
Thank you, Madam Chair Member. Kobe Pozadi. As my colleague mentioned, I'm representing on behalf of the City of Belmont. We respectfully request your assistance in securing the 114 million in lieu of VLF shortfall funding that is due for San Mateo county for the 25-26 fiscal year. This funding is incredibly critical.
- Kobe Pozadi
Person
San Mateo county alone, the absence of the VLF will create $114 million local budget hole. These funds have already been allocated. Essential public services, health care, emergency response infrastructure and safety net programs have already been allocated.
- Kobe Pozadi
Person
Without this backfill, cities like Belmont will be forced to make immediate cuts to personnel and then they will be painful For Belmont. The shortfall equates to 6% of a loss of our total city budget, the equivalent to losing seven police officer or 12 maintenance workers who keep our streets and parks safe and clean.
- Kobe Pozadi
Person
We rely on these funds to provide essential services to our residents, especially as costs continue to rise. The VLF swap mechanism was designed to protect cities and counties through property tax allocations. But in basic counties like ours, that structure breaks down. Beaumont and other cities in San Mateo county face a shortfall not of their own making.
- Kobe Pozadi
Person
The state has addressed the structural inequity in prior years and we ask that you continue that responsibility or that responsible practice by fully funding this backville in the 25-26 budget year. Thank you.
- Jean Hurst
Person
Thank you very much, Madam Chair and Members, Jean Hurst here today on behalf of the boards of supervisors of the counties of Mono and Alpine, as well as the urban counties of California, the Rural County Representatives of California and my colleagues at the League of California Cities and the California State Association of Counties, all in support of the backfill of the vehicle license fee losses for the entities who are harmed.
- Jean Hurst
Person
I think the sort of odd club of counties that this applies to Mono, Alpine and San Mateo. They don't have a lot in common. And I think that sort of is evidence of the unintended consequences of choices made now 20 years ago.
- Jean Hurst
Person
We want to extend our appreciation to assemblymember Papin and Senator Cabaldin for continuing to champion this issue and the need for an equitable term fix. I think we're all willing and able to have those conversations and looking forward to discussions that may take place in the future.
- Jean Hurst
Person
But for now, we're supportive of the backfill and appreciate your consideration of that request.
- Karen Lange
Person
Thank you. Good afternoon, Madam Chair and Members. Karen Lang, on behalf of the Napa County Board of Supervisors. While we are not yet in this predicament, the Napa County Auditor foresees this happening really soon.
- Karen Lange
Person
And the same financial situation is going to play out where it's a double digit percentage of their operating General Fund, meaning pretty much immediate layoffs and service reductions inside the county. It probably comes off as Napa being a very wealthy county. I think that perception exists. But the entire valley floor is locked up in agriculture.
- Karen Lange
Person
So the overall size of the county budget is not what you might think it is. So the losses there would be pretty significant. And so we're encouraging a long term permanent solution so that counties don't have to keep coming back hand in hand begging for this relief.
- Karen Lange
Person
I think if we all got in a time machine together, this was never contemplated to happen to any of them. And so given all the things that the counties and the state do together, it would be really great to finally permanently resolve this in a way that doesn't take money out of one pocket.
- Karen Lange
Person
The excess eraf pocket to put it in the insufficiency pocket. Napa and San Mateo have that in common. Thank you for your consideration.
- Sharon Quirk-Silva
Legislator
Thank you. Seeing no one else, I want to thank my colleagues for coming and doing a great job of laying out what is happening. I would also encourage a long term solution as I know we saw you last year on this same topic. Thank you so much. And that's going to close out item number six.
- Sharon Quirk-Silva
Legislator
And we are going to go to item number seven. State controller, wait. Yes. Welcome and please introduce yourself.
- Jennifer Urban
Person
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 four may revise request before you.
- Jennifer Urban
Person
The first request is requesting $4 million for continued consulting services needed to provide generally accepted accounting principles, financial reporting assistance to various state departments to restore and sustain on time publication of the state's annual comprehensive financial Report.
- Jennifer Urban
Person
The next request includes 20 permanent positions and $117 million in 25-26 $3.8 million ongoing to continue support of the California State Payroll System Project.
- Jennifer Urban
Person
The State Controller's Office has received approval for all stages of the project approval life cycle 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 University employees.
- Jennifer Urban
Person
The third item is a funding realignment related to Unclaimed Property Management System Replacement project and to request increased funding from the Unclaimed Property Fund to support costs related to ongoing maintenance and operations, reflecting current market pricing as well as increased transaction volumes and updated estimates for future years.
- Jennifer Urban
Person
The final item is a technical adjustment to provide $300,000 in 25-26 through 2930 in Prop . 2 School Facilities Fund for mandated audit work related to the school's facilities programs. SCO will utilize these funds to support the review of audit reports for K12 local education agencies and ensure compliance with the school's facilities program audit reporting requirements.
- Jennifer Urban
Person
Auditors review each report for quality assurance and certify or reject the audit reports based on audit reporting standards and criteria. And we are happy to answer any questions you may have.
- Sharon Quirk-Silva
Legislator
Let's see, do we have the Department of Finance? Any comments?
- Brian Metzger
Person
No concerns with the four proposals. Brian Metzger, LAO. We're not raising any specific concerns with these proposals, but for the payroll system proposal Just wanted to provide some context.
- Brian Metzger
Person
The payroll system IT project is a $1.2 billion project that's expected to take six years to develop and implement and would be the largest statewide change management effort since Fi$cal. And so given that, we think it warrants close legislative scrutiny.
- Brian Metzger
Person
We would also note that that project is currently the subject of a lawsuit that is challenging its procurement and contract award. And with that, happy to answer any questions.
- Sharon Quirk-Silva
Legislator
Can you clarify, is that payroll system in fact fi$cal? It's a separate one, so.
- Brian Metzger
Person
Sure. Brian Metzcarelio it's expected to cost $1.2 billion, of which I believe 60% is General Fund. So somewhere in the range of 700 to 800 million General Fund over the lifespan of the project.
- Sharon Quirk-Silva
Legislator
And you mentioned a lossuit. Does that impair what's happening with the project as far as timeline?
- Unidentified Speaker
Person
Right now we are monitoring that we don't expect it to cause any problems or delays with the project.
- Sharon Quirk-Silva
Legislator
So once this project is completed, are you expecting it to be on time and on budget?
- Unidentified Speaker
Person
Yes, so far we've been working on the project for seven years and we've been under budget and on time throughout the last seven years. So we just completed a major milestone and signed with the solution integrator in March. And so we are actually ahead of schedule, working hard and looking forward to the design and implementation to continue.
- Unidentified Speaker
Person
So this system is going to replace about 13 legacy systems within the state Controller's office and provide payroll and HR services for over 160 state departments that are currently just on their own. There's no integration. Reporting is really one off. And so this project will solve all those business objectives and bring better reporting. Sorry.
- Unidentified Speaker
Person
Apply all the business rules and the logic for all the memorandums of understanding and the legislative, government codes and things like that related to payroll and hr.
- Unidentified Speaker
Person
California State Payroll System Project is the name of the project.
- Unidentified Speaker
Person
We've been in the planning phases through the project approval life cycle in partnership with CDT and Department of Human Resources. So it's taken that long to go through and do a really good job at the current state assessment. Identify all the risks and issues and opportunities for improvement.
- Unidentified Speaker
Person
We've done some major transformations on making our business processes as lean as we can and then writing requirements. And then we did take over two years for the solicitation. We had failed negotiations about a year and a half ago, so we had to restart the negotiations, the solicitation, over the last year.
- Carl DeMaio
Legislator
Okay, so you're. You have an audit division in the comptroller's office? Yes. How big is it?
- Carl DeMaio
Legislator
In just the audit position Department, right? Correct. How's that grown since 2000?
- Jennifer Urban
Person
I don't have the exact numbers with me, but I can get back to you on that.
- Carl DeMaio
Legislator
Your transactions and your financial payouts have grown probably by a factor of three to four. And I know that in tracking your office in recent cycles that your investment in audits has fallen way behind the growth of your transactions and the dollar value that you handle. What's the plan? I mean, why don't you bring us a proposal?
- Carl DeMaio
Legislator
I believe that if we invested in audit audit capabilities, that we probably will end up netting more money. And it's a demand that the taxpayers would like to see followed through on. So.
- Carl DeMaio
Legislator
Do you have ideas as to if we could invest money, what you would do with it, and how it may potentially improve your ability to save taxpayers money to detect waste, fraud, and abuse?
- Jennifer Urban
Person
Yeah, the comptroller is. Has an audit plan. They've been working through an audit plan. And so, you know, looking to see what kind of resources are needed to ensure that all of the critical audits, you know, that we do are fully resourced. And so, I don't know.
- Jennifer Urban
Person
You know, at this point, we don't have a proposal in front of you.
- Carl DeMaio
Legislator
That sounds like a polite answer. I appreciate politeness, but I'd like to get lunch. We are about to go into one of the most difficult budget cycles we've seen for the next several years, in probably 15 years since the Great Recession.
- Carl DeMaio
Legislator
It would behoove the comptroller to come back with a plan, because I think there would be an appetite for investing. If we can see that this may allow us to save dollars in the coming years, I think that people would be interested in seeing that.
- Carl DeMaio
Legislator
I also want you to benchmark your state agency against the 49 other comptrollers in the United States, because, candidly, your office is way behind. You were the last state to open your books. You had to be sued to open your books. And I still don't know that your financial records are sufficiently transparent.
- Carl DeMaio
Legislator
Do we post the checkbook online like the 49 other states? Yes, we do, as an entire registry. Or do we go. Or is it requiring people in the public to go agency by agency? The group opened the books. If you're familiar with them. They had to sue you back in 2022.
- Carl DeMaio
Legislator
They actually had to go manually, Department by Department, agency by agency, to get financial information that you should be making readily available online. And why do we want that? It's not just about transparency.
- Carl DeMaio
Legislator
It's about opening up our books so that we can use artificial intelligence and technology to have outside watchdogs come through and look at our data and say, hey, here's some things that might be able to save money.
- Carl DeMaio
Legislator
So in the previous session, I promised the Department of Housing and Community Development that we would be making a nice little project for the next year. I'm going to make the comptroller's office, audit office and financial transparency a project for the next year.
- Carl DeMaio
Legislator
And so you can come up with ideas, or my office can, but in the next 12 months, we're going to have, I think, some important reforms that the comptroller can participate in. And I think that. I think that comptroller should be eager to embrace this.
- Carl DeMaio
Legislator
This is her job and again it will only end up saving money and allowing the Legislature to make decisions in a more data based, fact based manner. Thank you, thank you.
- Sharon Quirk-Silva
Legislator
Thank you for those comments. Any more comments from the Dais?
- Unidentified Speaker
Person
I was just going to add to his comment the California State Payroll System Project. That is one of the goals is to add automated auditing and applying the business rules and logic and have better data available to make better decisions related to the payroll for the State of California.
- Sharon Quirk-Silva
Legislator
Thank you anybody wanting to speak on this publicly. All right, seeing none, we appreciate you coming. Thank you so much.
- Sharon Quirk-Silva
Legislator
All right, we are going to move to item number 13, Civil Rights Department. Okay, thank you and welcome. We have issue number 13, California versus hate contract exemption and please introduce yourself as you make your comments.
- Mary Weed
Person
Thank you. Hi, my name is Mary Weed. I'm the Chief Deputy Director at the Civil Rights Department. There is one request before you today to extend the exemption language for contract funding used for CRD's California versus Haight initiatives. Specifically for the 211 hotline. Senate Bill 170 from the 2122 session amended Section 1957 and included exemption language.
- Mary Weed
Person
Contract exemptions are included in the budget for a number of one time funded initiatives like California versus Haight, 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 the 2025 Budget act include exemption language for this one time period, July 12025 through June 302026. This program is limited in duration with only one more year proposed.
- Mary Weed
Person
We can't predict when a hate crime will happen, but when it does, the Department needs the ability to deploy resources into the community when needed. If we need to create a new service or expand on a current service with 211, the exemption language gives us the ability to react nimbly for contract amendments.
- Mary Weed
Person
The Legislature recognized this when the exemption was granted. CRD successfully established the California vs Haight phone line to report hate crimes or to speak to a CARE coordinator through a contract with 211 LA. CRD also has an external website that interfaces directly into the 211 portal so that individuals may report hate crimes or seek support services 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 requirements due to the limited time frame of the funding. 211 LA has the established infrastructure 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.
- Blair Huxman
Person
Blair Huxman, Department of Finance. Nothing to add at this. Time but available for questions and LAO.
- Paul Steenhausen
Person
Good afternoon. Paul Steenhausen with the Legislative Analyst Office. Generally it's just good public policy to select vendors using a competitive bid process. You can hear from different vendors, get different price quotes, hear about their capabilities and also competitive bid approach can mitigate public's perception of favoritism. So by having it open you create better optics as well.
- Paul Steenhausen
Person
So the May revision proposal would allow the Civil Rights Department to retain the California versus Haight resource lines current vendor in a one year deal without using a competitive bid process. It's worth noting that the current vendor was initially selected a couple years ago also using a no bid process. So this would be the second time.
- Paul Steenhausen
Person
The Legislature is in a little bit of a tough position receiving this request. Now if it would like to have a resource line continue, you know, on July 1st, the Department is saying that it really does need the Legislature to approve this contract exemption request.
- Paul Steenhausen
Person
That's because it can take nine to 12 months for a Department in the state to use an open process to select vendors.
- Paul Steenhausen
Person
So if the Legislature approves the funding request From January, the $2.41,000,001 time, that was in the January budget and if the Legislature does approve this proposed language and has an interest in continuing the resource line beyond the budget year, the Legislature could consider instructing the Administration to start the competitive process now so that a vendor has been selected in time for July 12026.
- Paul Steenhausen
Person
Otherwise the Administration Legislature could be right back in this predicament and as conversation a year from now. Thank you.
- Sharon Quirk-Silva
Legislator
Thank you. Appreciate that. I assume you have some questions, Mr. DeMaio? I do. I pulled this contract.
- Carl DeMaio
Legislator
Let's get to some specifics here. So this is the California vs. Hate hotline that Governor Gavin Newsom announced two years ago.
- Carl DeMaio
Legislator
Saying that we had this scourge of wave of hate crimes and he was going to set up a phone help desk. People can call. How many? Well first, the contractor is still 211 LA. Correct? Correct. So this is an advocacy group.
- Carl DeMaio
Legislator
They, they're, they're not a government agency that they are a 501c3 advocacy group that you have hired under a no bid contract two years ago to start this. How many convictions for hate crimes have been generated off of this hotline in the past two years that it's been in operation?
- Mary Weed
Person
So we've had thousands of incoming phone calls and over 100 formal reports of hate crime in the first year. Several of those have been referred to the Civil Rights Department as discriminatory litigations that we're currently involved in to help those particular individuals out.
- Carl DeMaio
Legislator
How many convictions? It's been two years. So I'm sure a prosecutor, if they got a report of a hate crime, they would, let's say they would make a charge. So how many people have been charged with a hate crime based upon complaints received through the hotline in the last two years?
- Carl DeMaio
Legislator
There have been two that have come to conclusion. What is conclusion? Were they prosecuted with the individuals prosecuted?
- Mary Weed
Person
The individuals that reported the discriminatory actions filed an intake form with the Civil Rights Department and the action was settled with a settlement to the individual who complained about the particular case that I'm speaking of was an individual who had discriminatory employment practices. And that case came to conclusion.
- Carl DeMaio
Legislator
Wait, wait, wait, wait. Hold on a second. This is a hate crime hotline. You say that no one has been criminally prosecuted. Is that what you're saying? Let's be very clear with the taxpayers. There's not one example you can give me of someone being prosecuted for a criminal act of hate.
- Mary Weed
Person
So 211la is works with community based organizations to deploy services and some of the examples are eviction prevention. I understand. Let's not go down that road.
- Carl DeMaio
Legislator
I asked a very specific question. The answer is no one has been criminally charged with a hate crime from this hotline in the last two years. Is that correct? Let's be very clear. It's a very clear question. It's a simple yes or no answer.
- Carl DeMaio
Legislator
Thank you. So you have someone who made a. You have two completions over two years for the same person, is that correct?
- Carl DeMaio
Legislator
But two completions for two different people. Regarding workplace discrimination, do we not have other state agencies that handle discriminatory employment practices? I think we have an entire Department. Labor Department deals with that. Correct.
- Mary Weed
Person
And then there's discriminatory discrimination. But we have other government agencies that deal with that. Correct.
- Carl DeMaio
Legislator
So we've got two goals across, you know, two scores on the, on the scoreboard here. How many, how many calls or emails? Contacts. You call them contacts under your contract. And the Governor issued a nice Fancy press release a year ago talking about the number of contacts. How many contacts did this contract generate?
- Carl DeMaio
Legislator
Last year there were, there were over 1,2,118 actually. I'm going to give you the actual numbers.
- Carl DeMaio
Legislator
The contract is $2.4 million. Right. To this vendor, LA211. Correct. $2.4 million. Are there any additional state staff Members that are applied to this program, this California vs. Haight, or is this basically the program? All in the $2.4 million vendor contract.
- Mary Weed
Person
The hotline is the vendor. And then we have two, an SSA and an AGPA within CRD that support the program also.
- Carl DeMaio
Legislator
So two state employees with fringe benefits. So we're talking about, okay, maybe $3 million, maybe 3.1 million when you add. In the state staff Members plus $287,000. Okay, so maybe about 3 million. But let's just talk about 2.4 million for every email or phone call.
- Carl DeMaio
Legislator
This contract, this no bid contract with a left wing advocacy group costs $1,133.14. I will take that contract. I will handle the 2,118 out of my office and I'll probably, I'll return the savings, I'll give them to the Chairwoman. She can, she can get a million for her Department and I'll get a million for mine. Okay.
- Carl DeMaio
Legislator
By the way, that's an average Contact Rate of 5.8 Emails or phone calls a day. zero, but how many of these were hate related inquiries? Because a lot of them were prank calls. There were 1020 confirmed hate related or discriminatory related complaints. That's 1,020 divided by the contract, $2,352.94 to handle those.
- Carl DeMaio
Legislator
How many were referred to a service? Usually, you know, your help desk says, you know, you're a victim of hate crime or you know what, you may actually have a problem with hate in your life. And here's a group that you can talk to. Only four out of six who contacted who were hate related, that's 680 people.
- Carl DeMaio
Legislator
That's $3,529.41 per person referred to another agency. And again, you only have two where an actual complaint was adjudicated, not in a criminal standpoint, but presumably in a civil standpoint. I don't think this is an issue of needing to put this contract out for bid because this is grift unlike I've ever seen before.
- Carl DeMaio
Legislator
This is a program that I don't think we can afford in the middle of a budget crisis. This is $2.4 million plus the two government staffers. That's almost $3 million that I think we should be allocating to other programs. And people might think it's only a little bit of money.
- Carl DeMaio
Legislator
When you start adding up contracts like these across the state government, you start having the ability to restore in home support services for developmentally disabled individuals in our state that cannot care for themselves. That's what we're talking about. We are cutting the salaries of these home health care aides for developmentally disabled children in the State of California.
- Carl DeMaio
Legislator
And I was briefed at my office and they said if we should just get $20 million, we could soften the blow. We could actually safeguard this program. And so I'm sorry, but I understand that the Governor needed a press conference when he got his little press conference two years ago. I think it's time to cancel the contract.
- Carl DeMaio
Legislator
It's not your fault, but I would not, I would not, I would not be proud to present a program with abysmally bad stats like this one.
- Sharon Quirk-Silva
Legislator
Thank you for your comments and we appreciate your answers, having all the background there. I do concur with the LAO on this, that going out now twice for a no bid is something that concerns me. I'll also say the other concern is 211.
- Sharon Quirk-Silva
Legislator
And again, not speaking of LA particularly, but across the board I've had more than a few remarks that in essence they're really referring somebody else to yet another agency. So somebody calls and then there's yet another referral. And this can be extremely frustrating for people.
- Sharon Quirk-Silva
Legislator
They're not always calling on the hate line, they're calling for other things, mostly housing is what we've been told. And many, many times they're not getting picked up on a line and then they're referred out to another agency. So they're really a pass through. Again, I can be corrected on that.
- Sharon Quirk-Silva
Legislator
I don't have the figures in front of me and I know this is related to the hate hotline. I do think my colleague has some credible remarks about the cost it is for the state to uphold a system like this, even though we know there has been a rise in hate.
- Sharon Quirk-Silva
Legislator
And by the way, some of the current remarks that we hear from some of the leadership even at the Federal Government has now targeted many of our community Members, particularly the Latino community that is targeted with so much hate right now that there is almost a pile on.
- Sharon Quirk-Silva
Legislator
So I do think the State of hate is alive and well. And sadly it seems to be. There's one group that's picked on more than others. And for the moment, it seems to be our Latino neighbors and friends. But it's not only them. But I do appreciate your hard work. We'll open up to the public.
- Sharon Quirk-Silva
Legislator
Zero, I was waiting for the public. All right. All right. Okay. See no one. Thank you for being here. And we will close that item out and we will we are going to hope to make it through these last items, but if we run out of time, we will finish those tomorrow, just so you know.
- Sharon Quirk-Silva
Legislator
So we will be going now to the Commission on State Mandates, item number 14.
- Kaylee App
Person
Hi Kaylee App. Department of Finance the May revision proposes to suspend three new California Regional Water Quality Control Board mandates found to be reimbursable by the Commission on State Mandates. These mandates are estimated to cost $3.71,000,001 time and with that we're happy to take any questions. Thank you.
- Paul Steenhausen
Person
Paul Steenhausen again with the analyst office. Earlier this month our office released an analysis on a proposal in the Governor's Budget to suspend another stormwater related mandate. We're planning to release an analysis soon of the three more proposals these stormwater related mandates in the May revision.
- Paul Steenhausen
Person
Just to give you a sneak preview though, the Administration would suspend and not provide reimbursement to local government claimants for their past costs. Consistent with our earlier analysis, we recommend instead that the Legislature provide funding to local government claimants entails total one time cost of 3 million to $4 million.
- Paul Steenhausen
Person
The funding would reimburse local governments for activities that they were required to undertake and and the resulting cost they incurred between approximately 2009 and 2017 and our recommendations consistent with a 2022 court ruling and the Commission on State Mandates itself, which recently ruled this was a reimbursable mandate.
- Paul Steenhausen
Person
With the state needing to provide reimbursement, we just don't think also it's feasible or allowable to suspend a mandate for activities that occurred in the past because claimants can't go back in time and avoid doing the activities they're required to do at the time. So thank you. Happy to take any questions.
- Sharon Quirk-Silva
Legislator
Exactly. Can you explain why in this case that you are not recommending reimbursing these water agencies?
- Chris Hill
Person
Chris Hill, Department of Finance Certainly the state has the option. Once the Commission on State Mandates determines the test claims filed by a local alleging reimbursable state costs and the Commission approves that test claim, it goes to the process. The state then has the option to either Fund that mandate or to suspend it.
- Chris Hill
Person
And if the state suspends the mandate, then the local agency is not reimbursed for the cost that they had to incur to file that test claim. You have to incur costs before you can file a test claim for reimbursement.
- Chris Hill
Person
So what we're proposing to do here is similar to every other state mandate that's been suspended, and there are dozens of them where the local agency incurred costs, and now we are proposing to suspend that mandate.
- Chris Hill
Person
The only wrinkle in this that makes it somewhat unique compared to other state mandates is that the Commission on State Mandates held that the local agencies did not have fee authority at the time that they were under, when they. When the Commission approved the mandate.
- Chris Hill
Person
And as a consequence, if you don't have fee authority, then the cost could be state reimbursable. But subsequent legislation was passed to clarify that these types of activities are in fact, reimbursable via fees.
- Chris Hill
Person
So if the mandate is suspended, the state would not have to pay for activities that were occurred in the past, but the locals would have to continue performing the mandate going forward because they have fee authority. So this relieves the State of the obligation to reimburse them for those costs they incurred to file the test claim.
- Chris Hill
Person
But the Department of Finance contends then contended then, and we contend still, that they had fee authority in the first place, and they, the local agencies, for one reason or another, just did not elect to exercise her fee authority.
- Sharon Quirk-Silva
Legislator
Zero, there it is. Sorry. Yeah. Again, this came up a little bit early where, you know, us not going, going back on our word. When a local agency, whether it's a water district or a local municipality or an art agency, is expecting some type of return, they've expended dollars.
- Sharon Quirk-Silva
Legislator
And now we're saying, sorry, but you really don't qualify. I mean, again, in the scope of this budget, $3 million is a very small amount to create such bad will among these agencies who's already used their dollars. So I would recommend that we move forward and in the future, setting this bar.
- Sharon Quirk-Silva
Legislator
We're very clear on what can be reimbursed and what can't be. But I do understand that you get policy and are trying to enact it as quickly as possible. But for the $3 million here, I think it's worth paying this back to these agencies that have already expended dollars. Any other comments? All right, no one else here.
- Sharon Quirk-Silva
Legislator
Any public comments. All right, thank you so much. Appreciate it. zero, I'm sorry. Come on up.
- Jessica Sankis
Person
No, I'm. I'm sorry. It wasn't quite fast enough. One comment on this issue. Jessica Sankis with the California State Association of Counties. On behalf of California's 58 counties, we have great concerns with this proposal.
- Jessica Sankis
Person
We dispute retroactive suspension of state law as the Department of Finance mentioned, yes, it is common for state mandates to be suspended under California Constitution Article 13, Section 6. The Department of Finance is authorized to do so via the State Budget act for one year for specifically the year of that Budget Act.
- Jessica Sankis
Person
So this has suspensions have only ever been applied for the upcoming budget year. We have great concern with counties having to comply with laws and then potentially a decade later finding out that they complied with the law and they will not be reimbursed for those actions.
- Jessica Sankis
Person
We really appreciate your consideration today and are happy to have further conversations about this. Thank you.
- Sharon Quirk-Silva
Legislator
All right, we are now on item number 15, the Franchise Tax Board.
- Tina Kenzie
Person
Good afternoon. My name is Tina Kenzie with the Franchise Tax Board. This is issue 15 court order debt for the Trailer Bill Language. The May revision includes trailer Bill Language to increase FTB's administrative set aside from 15% to 20% to allow FTB to continue operating the program at the current service level.
- Tina Kenzie
Person
Under FTB's court order debt program, FTB collects money owed to state and local agencies pursuant to judicial determinations from debtors pursuant to the ReVAN tax code. 15% of the collected funds are set aside for program Administration.
- Tina Kenzie
Person
Since 2020, new legislation has reduced or eliminated debts that can be sent for collections to the court ordered debt program, but the cost of collecting the remaining amounts has not changed. FTB COD collections have dropped from 131 million in 20192020 to an estimated 70 million in 2024-25.
- Tina Kenzie
Person
The 15% cap on fees was enacted in 1997 and has not been increased in 28 years. This trailerable language would increase FTB's administrative set aside from 15% to 20% to allow FTB to continue operating the program at the current service level.
- Tina Kenzie
Person
So it helps collect court ordered debt. So there's debt that are like maybe parking fines or restitution fees and fines, and so we are collecting those on behalf of the courts and other state and local agencies. And then what do you do with the funds?
- Tina Kenzie
Person
Then we give them to the courts or the local agencies and the state agencies that we're collecting them for.
- Sharon Quirk-Silva
Legislator
And you said that initially your collection was 130 million and now it's 70? Yes. Why is that?
- Tina Kenzie
Person
So there's been multiple different statutes that have been enacted and a lot of those are reducing the debts that FTB can collect on. So it's shrinking the amount of revenues that we're collecting and our fees are capped at 17% of those revenues. So as I think there's about seven different pieces of legislation.
- Tina Kenzie
Person
So as these have been enacted, the revenue amount that we are taking, the 15%, which is our fees, has shrunk. So our costs that we're able to recoup are going up and down based on the amount of revenues or debts that we are collecting. And those have happened.
- Tina Kenzie
Person
And the reduction of the revenues is based on different legislative changes that have happened in the last five years.
- Cynthia Elmore
Person
Cynthia Elmore, Department of Finance. Nothing to add, but happy to answer any questions.
- Rowan Isaacs
Person
And Rowan Isaacs, LAO. We do not have any concerns with this trailer bill language.
- Sharon Quirk-Silva
Legislator
So you're asking for an additional 5%. What does the FTB think it will need for resources in the future?
- Tina Kenzie
Person
So at this point, we have some that are. We have some vacancies. So we would work slowly to potentially fill those vacancies.
- Sharon Quirk-Silva
Legislator
There's no one else here to ask questions. Do we have anybody from the public that would like to speak on this? All right, thank you. We appreciate your testimony. Thank you. Thank you. Where are we? Right here. All right, we are on our last items. California Department of Tax and Fee Administration.
- Jason Mallett
Person
Hi. Good afternoon, Chair and Committee Members. I'm Jason Mallett, CFO of the CDTFA. I'm joined by a few of my colleagues. Michelle Linton, head of our legislative team, and Amy Ohser, head of tax policy. So this afternoon we have one BCP and a few trailer bills. I'll cover the BCP on the generation and handling fee.
- Jason Mallett
Person
So as background, last fiscal year, the Legislature approved the Department of Toxic's $500,000 request to reimburse the CDTFA for their new generation and handling fee structure.
- Jason Mallett
Person
The prior fee structure was a flat fee of either $75,000 or $100,000 based on two tiers of total tonnage, whereas the new fee structure applies a $60 per ton rate, including fractions of a ton. Therefore, CDTFA now needs to audit every fraction of a ton to obtain the proper fee amount.
- Jason Mallett
Person
Whereas before, larger businesses would simply cap out at the larger. At the higher rate. So this budget request for $500,000 of reimbursement authority operationalizes the Department of Toxics approval from last year. And with that, I'm happy to answer any questions.
- Sharon Quirk-Silva
Legislator
Any comments for the Department of Finance and Lao? Our last, most exciting item of the day. We don't have 20 questions. Do you want to speak on the trailer bills?
- Michelle Linton
Person
That would be me, I'm Michelle Linton and I'm the Chief of the Legislation Bureau at CDTFA. We have three proposals. The first is the fingerprint proposal to access federal tax information. The IRS requires state agencies to conduct employee, contractor and subcontractor background checks, including fingerprinting, as well as submit the fingerprints to the FDA and review the results.
- Michelle Linton
Person
CDTFA employees use FTI for tax audit, billing, collection, and compliance purposes. CDTFA will be unable to effectively administer and enforce the tax laws within its purview if its access to FTI is revoked.
- Michelle Linton
Person
The FBI informed the existing statutory informed us that the existing statutory authority is insufficient to access federal criminal history information and additional statutory authority is needed for each state agency to receive FBI fingerprint information.
- Michelle Linton
Person
This proposal makes statutory changes deemed necessary by the California Department of Justice and the Federal Bureau of Investigation to retain access to fingerprint results from the FBI and comply with IRS guidance to retain employee access to federal tax information. Thanks.
- Sharon Quirk-Silva
Legislator
Thank you. Appreciate that. Any comments? All right. Well, with that, I have no comments and appreciate you coming and waiting. And I have two more.
- Michelle Linton
Person
Go ahead. Okay, the next one, the electron is related to the collection of the covered battery embedded fee. The Electronic Waste recycling Act of 2003 requires a consumer to pay a covered electronic waste recycling fee or an e waste fee upon the purchase of certain new or refurbished covered electronic devices on and after January 12005.
- Michelle Linton
Person
On and after January 12026. The act also imposes a fee on purchasers purchases of covered battery embedded products, things like the Iphone. The Marketplace Facilitator act requires a marketplace facilitator to collect the e waste fee on purchases of covered electronic devices facilitated through its marketplace.
- Michelle Linton
Person
However, that same act does not impose a similar obligation on a marketplace facilitator with respect to the covered battery embedded product fee that becomes operative on January 1st. So this proposal. This proposal would require a marketplace facilitator to collect that covered battery embedded fee. And the third proposal. Any questions on that?
- Michelle Linton
Person
Okay. The last proposal is related to the Department of Motor Vehicles tax collection in 2020. AB85, a budget trailer Bill required used car dealers to remit applicable sales or use tax to DMV or within 30 days from the date of each sale.
- Michelle Linton
Person
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. As a result of this program, we have reduced that sales and use tax gap from used car dealers by $18 million General Fund only.
- Michelle Linton
Person
The law allows DMV and CDTFA to implement this program in phases and and dealers most likely to have compliance issues were phased in first. Beginning January 12021 dealers not phased into the program still report and pay applicable sales or use tax directly to cdtfa. So this proposal has two parts.
- Michelle Linton
Person
The first authorizes cdtfa, in consultation with DMV, to exempt specified used car dealers from the requirement to remit applicable sales or use tax to DMV and to continue to report directly to CDTFA if the dealer meets specified requirements.
- Michelle Linton
Person
Those requirements are that the dealer has to have 1000 or more transactions per year, has timely filed the last 12 quarterly returns, and also timely remitted all payments applicable to those returns due to the volume of sales. These used car dealers tend to have more sophisticated systems. They're routinely audited and represent our most compliant used vehicle dealers.
- Michelle Linton
Person
Secondly, for the remaining population in the program, this proposal simplifies the reporting responsibility for the smaller used car businesses.
- Michelle Linton
Person
It relieves used car dealers that are enrolled in the program from reporting their used vehicle sales to both DMV and CDTFA by considering the taxable vehicle sales reported to DMV as a sales and use tax return filed with cdtfa.
- Michelle Linton
Person
This relieves a used car dealer from having to report the sales twice, which has caused reconciliation errors from timing differences and an undue burden on these used car dealers. Simplifying the reporting responsibility will minimize these errors while ensuring that taxes are paid. And that concludes my presentation. Thank you.
- Sharon Quirk-Silva
Legislator
Thank you. Well done. Appreciate it. No questions. Any other comments? Any comments from the public? All right, friends, that's it for this exciting Budget Committee hearing. Stay tuned. Come back tomorrow for more it.
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Speakers
State Agency Representative