CALIFORNIA LEGISLATURE— 2025 – 2026 1st Ext.

Senate Bill No. 1


Introduced by Senator Wiener

December 02 ,  2024


An act to amend the Budget Act of 2024 (Chs. 22, 35, and 994, Stats. 2024), by amending Sections 39.10 and 99.50 of, and by adding Section 5.26 to, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


SB1, as introduced, Wiener . Budget Act of 2024.
The Budget Act of 2024 made appropriations for the support of state government for the 2024–25 fiscal year.
This bill would amend the Budget Act of 2024 by making changes to existing appropriations, as provided.
This bill would declare that it is to take effect immediately as a Budget Bill.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5.26 is added to the Budget Act of 2024, to read:

SEC. 5.26.

 (a) (1) Notwithstanding any other law, the Department of Finance, upon a 20-day notification to the Joint Legislative Budget Committee, may augment any item of appropriation in Section 2.00 for any of the following purposes:
(A) Defending California in litigation brought by the federal government against California.
(B) Filing or joining affirmative litigation challenging actions taken, not taken, or threatened to be taken by the federal government.
(C) Taking administrative action authorized under state law to mitigate impacts of actions taken by the federal government.
(2) Total augmentations authorized by this subdivision shall not exceed $35,000,000.
(3) Up to $10,000,000 of the augmentations authorized by this subdivision may be used to create a grant program to support civil prosecutors filing civil actions on behalf of the interests of the people of California against the federal government for actions taken, not taken, or threatened to be taken by the federal government, including any administrative action, in order to protect reproductive health, environmental justice, LGBTQ civil rights, immigrant rights, or other vulnerable communities in California. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.
(4) The notification to the Joint Legislative Budget Committee shall include all of the following:
(A) Each instance in which California is involved in litigation against the federal government, including whether the state is contracting with outside counsel, and its costs, if any; the status of the litigation; and the other parties to the litigation, if any.
(B) Each instance in which California is taking administrative action authorized under state law to mitigate impacts of actions taken by the federal government.
(C) Each instance in which the Department of Justice proposes to grant funds to civil prosecutors under the authority provided in this subdivision.
(b) Notwithstanding any other law, the Department of Finance shall augment the following items of appropriation in Section 2.00 as specified:
(1) $10,000,000 to Item 0250-101-0001 to be distributed by the Judicial Council, through the Legal Services Trust Fund Commission of the State Bar, as grants to qualified legal services projects and support centers, as defined in Sections 6213 to 6215, inclusive, of the Business and Professions Code, to provide civil legal services for indigent persons. The Legal Services Trust Fund Commission shall make the grant award determinations pursuant to the formula described in Section 6216 of the Business and Professions Code, after the organizations affirm they are providing qualifying services and will use the funds to provide legal services to vulnerable persons at risk of detention, deportation, eviction, wage theft, intimate partner violence, and other actions that put their safety at risk. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.
(2) $10,000,000 to Item 5180-151-0001 to be available for grants or contracts under the authority of Chapter 5.6 (commencing with Section 13300) of Part 3 of Division 9 of the Welfare and Institutions Code with organizations qualified pursuant to that chapter, to provide immigration legal services and removal defense. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.
(3) $5,000,000 to Item 0250-101-0001 to be available for the California Access to Justice Commission to support infrastructure data security projects to protect client, staff, and volunteer data and facilitate pro bono legal services for especially vulnerable communities, including establishing an immigration detention representation and coordination program to coordinate legal consultations and representation and increase access to counsel to detained individuals in California. Up to 2.5 percent of the amount described in this paragraph shall be available for administrative costs.
(c) If an item number for an appropriation for the applicable state entity does not exist, and an item number is required in order to make the allocation, the Department of Finance may create an item number for purposes of this section.
(d) Funds allocated pursuant to this section shall be available for encumbrance until June 30, 2026, and for expenditure until June 30, 2028.

SEC. 2.

 Section 39.10 of the Budget Act of 2024 is amended to read:

SEC. 39.10.

 In addition to this act, the Budget Act of 2024 consists of the following statutes:
(a) Chapter 22 of the Statutes of 2024 (Assembly Bill No. 107).
(b) Chapter 35 of the Statutes of 2024 (Senate Bill No. 108).
(c) Chapter 994 of the Statutes of 2024 (Assembly Bill No. 157).
(d) Chapter 995 of the Statutes of 2024 (Assembly Bill No. 180).

SEC. 3.

 Section 99.50 of the Budget Act of 2024 is amended to read:

INDEX FOR CONTROL SECTIONS

SEC. 99.50.

 The following is an index to the general sections of this act. These sections serve to define terms and identify restrictions concerning the appropriations contained in this act.
 1.00
 Budget Act Citation
 1.50
 Intent and Format
 1.51
 Citations to Prior Budget Acts
 1.80
 Availability of Appropriations
 2.00
 Items of Appropriation
 3.00
 Defines Purposes of Appropriations
 3.10
 Subschedule Transfers for Capital Projects
 3.50
 Benefit Charges Against Salaries and Wages
 3.60
 Contribution to Public Employees’ Retirement Benefits
 3.61
 Contribution to Prefund Other Postemployment Benefits
 4.05
 Budget Adjustment Authority
 4.11
 Position Vacancy Report
 4.12
 Vacant Position Savings
 4.13
 AB 85 Repayments to Counties
 4.20
 Contribution to Public Employees’ Contingency Reserve  Fund
 4.30
 Lease-Revenue Payment Adjustments
 4.72
 Electric Vehicle Charging Infrastructure
 4.75
 Statewide Surcharge
 4.80
 State Public Works Board Interim Financing
 4.90
 Architectural Revolving Fund Transfer
 4.95
 Inmate and Ward Construction Revolving Account Transfer
 5.25