Section 11814 Of Article 4. County Alcohol And Other Drug Program From California Health And Safety Code >> Division 10.5. >> Part 2. >> Chapter 4. >> Article 4.
11814
. (a) The department shall issue allocations to contracting
counties for alcohol and other drug programs.
(b) In issuing allocations to contracting counties, it is the
intent of the Legislature that counties shall allocate all funds
received pursuant to state and federal laws and regulations.
(c) The department shall estimate an allocation of federal funds
available for each county to use as the basis for submission of the
contract. In making allocations, the department shall base its
allocations on the population of each county. However, the department
shall ensure that each small population county receives a minimum
amount of funds to provide adequate alcohol and other drug services.
The department may take into account other factors in making the
allocations, including, but not limited to, factors that relate to
the level of alcohol and other drug problems in the county. No later
than 45 days after introduction of the Budget Bill, the department
shall notify each county regarding its preliminary allocation under
this division and estimated amount of the federally required
maintenance of effort statewide expenditure levels on authorized
activities, as defined in the federal Substance Abuse Prevention and
Treatment Block Grant funds (42 U.S.C. Sec. 300x-30), pending
enactment of the Budget Bill. The 1984-85 fiscal year shall establish
the base funding for the county alcohol and drug allocation for
local programs. Beginning with the 1985-86 fiscal year,
cost-of-living adjustments, if granted, shall be considered as tied
to the base allocation established in the 1984-85 fiscal year, plus
any subsequent cost-of-living adjustments. The department shall
notify each county regarding its final allocation after enactment of
the Budget Bill.
(d) (1) Notwithstanding any other provision in this section, the
director may reduce federal funding allocations, on a
dollar-for-dollar basis, to a county that has reduced or anticipates
reducing expenditures in a way that would result in a decrease in the
federal Substance Abuse Prevention and Treatment Block Grant funds
(42 U.S.C. Sec. 300x-30).
(2) Prior to making any reductions pursuant to this subdivision,
the director shall notify all counties that county underspending will
reduce the federal Substance Abuse Prevention and Treatment Block
Grant maintenance of effort (MOE). Upon receipt of notification, a
county may submit a revision to the county budget initially submitted
pursuant to subdivision (a) of Section 11798 in an effort to
maintain the statewide Substance Abuse Prevention and Treatment Block
Grant MOE.
(3) Pursuant to subdivision (b) of Section 11798.1, a county shall
notify the department in writing of proposed local changes to the
county's expenditure of funds. The department shall review and may
approve the proposed local changes depending on the level of
expenditures needed to maintain the statewide Substance Abuse
Prevention and Treatment Block Grant MOE.
(e) (1) Notwithstanding the rulemaking provisions of Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, the department may implement, interpret, or
make specific the amendments to this section made by the act that
added this subdivision by means of all-county letters, plan letters,
plan or provider bulletins, or similar instructions from the
department until regulations are adopted pursuant to that chapter of
the Government Code.
(2) The department shall adopt emergency regulations no later than
July 1, 2014. The department may subsequently readopt any emergency
regulation authorized by this section that is the same as or is
substantially equivalent to an emergency regulation previously
adopted pursuant to this section.
(3) The initial adoption of emergency regulations implementing the
amendments to this section and the one readoption of emergency
regulations authorized by this subdivision shall be deemed an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the one readoption of emergency regulations
authorized by this section shall be exempt from review by the Office
of Administrative Law. The initial emergency regulations and the one
readoption of emergency regulations authorized by this section shall
be submitted to the Office of Administrative Law for filing with the
Secretary of State and each shall remain in effect for no more than
180 days, by which time final regulations may be adopted.