Chapter 2. General Provisions of California Government Code >> Division 4. >> Title 2. >> Part 7. >> Chapter 2.
Unless the context otherwise requires, the definitions
contained in this chapter govern the construction of this part. The
definition of a word applies to any variants thereof and the singular
tense of a word includes the plural.
"City" means any city whether general law or charter, except
a city and county.
"Commission" means the Commission on State Mandates.
"Costs mandated by the federal government" means any
increased costs incurred by a local agency or school district after
January 1, 1973, in order to comply with the requirements of a
federal statute or regulation. "Costs mandated by the federal
government" includes costs resulting from enactment of a state law or
regulation where failure to enact that law or regulation to meet
specific federal program or service requirements imposed upon the
state would result in substantial monetary penalties or loss of funds
to public or private persons in the state whether the federal law
was enacted before or after the enactment of the state law,
regulation, or executive order. "Costs mandated by the federal
government" does not include costs which are specifically reimbursed
or funded by the federal or state government or programs or services
which may be implemented at the option of the state, local agency, or
school district.
"Costs mandated by the state" means any increased costs
which a local agency or school district is required to incur after
July 1, 1980, as a result of any statute enacted on or after January
1, 1975, or any executive order implementing any statute enacted on
or after January 1, 1975, which mandates a new program or higher
level of service of an existing program within the meaning of Section
6 of Article XIII B of the California Constitution.
"County" means any chartered or general law county. "County"
includes a city and county.
"Executive order" means an order, plan, requirement, rule,
or regulation issued by any of the following:
(a) The Governor.
(b) An officer or official serving at the pleasure of the
Governor.
(c) An agency, department, board, or commission of state
government.
"Cost savings authorized by the state" means any decreased
costs that a local agency or school district realizes as a result of
any statute enacted or any executive order adopted that permits or
requires the discontinuance of or a reduction in the level of service
of an existing program that was mandated before January 1, 1975.
"Local agency" means any city, county, special district,
authority, or other political subdivision of the state.
(a) "Reasonable reimbursement methodology" means a formula
for reimbursing local agencies and school districts for costs
mandated by the state, as defined in Section 17514.
(b) A reasonable reimbursement methodology shall be based on cost
information from a representative sample of eligible claimants,
information provided by associations of local agencies and school
districts, or other projections of local costs.
(c) A reasonable reimbursement methodology shall consider the
variation in costs among local agencies and school districts to
implement the mandate in a cost-efficient manner.
(d) Whenever possible, a reasonable reimbursement methodology
shall be based on general allocation formulas, uniform cost
allowances, and other approximations of local costs mandated by the
state, rather than detailed documentation of actual local costs. In
cases when local agencies and school districts are projected to incur
costs to implement a mandate over a period of more than one fiscal
year, the determination of a reasonable reimbursement methodology may
consider local costs and state reimbursements over a period of
greater than one fiscal year, but not exceeding 10 years.
(e) A reasonable reimbursement methodology may be developed by any
of the following:
(1) The Department of Finance.
(2) The Controller.
(3) An affected state agency.
(4) A claimant.
(5) An interested party.
"School district" means any school district, community
college district, or county superintendent of schools.
"Special district" means any agency of the state that
performs governmental or proprietary functions within limited
boundaries. "Special district" includes a county service area, a
maintenance district or area, an improvement district or improvement
zone, or any other zone or area. "Special district" does not include
a city, a county, a school district, or a community college district.
County free libraries established pursuant to Chapter 6
(commencing with Section 19100 of Part 11 of the Education Code,
areas receiving county fire protection services pursuant to Section
25643 of the Government Code, and county road districts established
pursuant to Chapter 7 (commencing with Section 1550) of Division 2 of
the Streets and Highways Code shall be considered "special districts"
for all purposes of this part.
"Test claim" means the first claim filed with the commission
alleging that a particular statute or executive order imposes costs
mandated by the state, and includes a claim filed pursuant to Section
17574.
"Legislatively determined mandate" means the provisions of
a statute or executive order that the Legislature, pursuant to
Article 1.5, has declared by statute to be a mandate for which
reimbursement is required by Section 6 of Article XIII B of the
California Constitution.
(a) "Initial reimbursement claim" means a claim filed with
the Controller by a local agency or school district for costs to be
reimbursed for the fiscal years specified in the first claiming
instructions issued by the Controller pursuant to subdivision (b) of
Section 17558.
(b) "Annual reimbursement claim" means a claim for actual costs
incurred in a prior fiscal year filed with the Controller by a local
agency or school district for which appropriations are made to the
Controller for this purpose.
(c) "Entitlement claim" means a claim filed by a local agency or
school district with the Controller for the purpose of establishing
or adjusting a base year entitlement. All entitlement claims are
subject to Section 17616.
"Deflator" means the Implicit Price Deflator for the Costs
of Goods and Services to Governmental Agencies, as determined by the
Department of Finance.
"Base year entitlement" means that amount determined to be
the average for the approved reimbursement claims of each local
agency or school district for the three preceding fiscal years
adjusted by the change in the deflator. A base year entitlement shall
not include any nonrecurring or initial startup costs incurred by a
local agency or school district in any of those three fiscal years.
For those mandates which become operative on January 1 of any year,
the amount of the "approved reimbursement claim" for the first of the
three years may be computed by annualizing the amount claimed for
the six-month period of January through June in that first year,
excluding nonrecurring or startup costs.