Section 11999.6.1 Of Division 10.8. Substance Abuse Treatment Funding From California Health And Safety Code >> Division 10.8.
11999.6.1
. (a) Notwithstanding any other provision of law, when the
department allocates funds appropriated to the Substance Abuse
Treatment Trust Fund, it shall withhold from any allocation to a
county the amount of funds previously allocated to that county from
the fund that are projected to remain unencumbered, up to the amount
that would otherwise be allocated to that county. The department
shall allow a county with unencumbered funds to retain a reserve of 5
percent of the amount allocated to that county for the most recent
fiscal year in which the county received an allocation from the fund
without a reduction pursuant to this subdivision.
(b) The department shall allocate 75 percent of the amount
withheld pursuant to subdivision (a) in accordance with Section
11999.6 and any regulations adopted pursuant to that section, but
taking into account any amount withheld pursuant to subdivision (a).
(c) The department shall reserve 25 percent of the amount withheld
pursuant to subdivision (a) until all counties have submitted final
actual expenditures for the most recent fiscal year. The department
shall then allocate the funds reserved to adjust for actual rather
than projected unencumbered funds, to the extent that the amount
reserved is adequate to do so. Any balance of funds not reallocated
pursuant to this subdivision shall be allocated in accordance with
subdivision (e).
(d) If the department determines from actual expenditures that
more funds should have been withheld from any county than were
withheld pursuant to subdivision (a), it shall adjust any allocations
pursuant to subdivision (e) accordingly, to the extent possible. If
one or more counties fails to report actual expenditures in a timely
manner, the department may, in its discretion, proceed with the
available information, and may exclude any nonreporting county from
any allocations pursuant to this section.
(e) If revenues, funds, or other receipts to the Substance Abuse
Treatment Trust Fund are sufficient to create additional allocations
to counties, through reconsideration of unencumbered funds, audit
recoveries, or otherwise, the Director of Finance may authorize
expenditures for the department in excess of the amount appropriated
no earlier than 30 days after notification in writing of the
necessity therefor is provided to the chairpersons of the fiscal
committees in each house and the Chairperson of the Joint Legislative
Budget Committee, or at an earlier time that the Chairperson of the
Joint Legislative Budget Committee, or his or her designee, may in
each instance determine.
(f) The department may implement this section by All-County Lead
Agency letters or other similar instructions, and need not comply
with the rulemaking requirements of Chapter 3.5 (commencing with
Section 11340) of Division 3 of Title 2 of the Government Code.