Section 25353.5 Of Article 5. Uses Of The State Account From California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 5.
25353.5
. (a) (1) Notwithstanding Section 12439 of the Government
Code, the Controller may not eliminate any direct or indirect
position that provides oversight and related support of remediation
and hazardous substance management at a military base, including a
closed military base, that is funded through an agreement with a
party responsible for paying the department's costs, and may not
eliminate any direct or indirect position that is funded by a federal
grant that does not require a state match funded from the General
Fund.
(2) Notwithstanding any other provision of law, including Section
4.10 of the Budget Act of 2003, for the 2003-04 and 2004-05 fiscal
years, the Director of Finance may not eliminate any direct or
indirect position that provides oversight and related support of
remediation and hazardous substance management at a military base,
including a closed military base, that is funded through an agreement
with a party responsible for paying the department's costs, and may
not eliminate any direct or indirect position that is funded by a
federal grant that does not require a state match funded from the
General Fund.
(b) Neither the Controller nor the Department of Finance may
impose any hiring freeze or personal services limitations, including
any position reductions, upon any direct or indirect position of the
department that provides oversight and related support of remediation
and hazardous substance management at a military base, including a
closed military base, that is funded through an agreement with a
party responsible for paying the department's costs, or on any direct
or indirect position that is funded by a federal grant that does not
require a state match funded from the General Fund.
(c) The Controller and Department of Finance shall exclude, from
the department's base for purposes of calculating any budget or
position reductions required by any state agency or any state law,
the specific amounts and direct or indirect positions that provide
oversight and related support of remediation and hazardous substance
management at a military base, including a closed military base, that
are funded through an agreement with a party responsible for paying
the department's costs, and shall exclude the specific amounts and
any direct or indirect positions that are funded by a federal grant
that does not require a state match funded from the General Fund.
(d) Notwithstanding any other provision of law, neither the
Controller nor the Department of Finance may require the department
to reduce authorized positions or other appropriations for other
department programs, including personal services, to replace the
reductions precluded by subdivisions (a), (b), and (c).
(e) Notwithstanding any other provision of law, upon the request
of the department, and upon review and approval by the Department of
Finance, the Controller shall augment any Budget Act appropriations,
except for appropriations from the General Fund, necessary to
implement this section.
(f) (1) This section does not apply to any department
appropriation or expenditure of General Fund moneys.
(2) This section does not limit the authority of the Department of
Finance to eliminate a position when funding for the position,
through an agreement with a party or by a federal grant, is no longer
available.