§ 17570. — 17570. (Added by Stats. 2010, Ch. 719, Sec. 33.)
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(a)
For purposes of this section the following definitions shall apply:
(1)
“Mandates law” means published court decisions arising from state mandate determinations by the State Board of Control or the Commission on State Mandates, or that address this part or Section 6 of Article XIII
B of the California Constitution. “Mandates law” also includes statutory amendments to this part and amendments to Section 6 of Article XIII B of the California Constitution.
(2)
“Subsequent change in law” is a change in law that requires a finding that an incurred cost is a cost mandated by the state, as defined by Section 17514, or
is not a cost mandated by the state pursuant to Section 17556, or a change in mandates law, except that a “subsequent change in law” does not include the amendments to Section 6 of Article XIII
B of the California Constitution that were approved by the voters on November 2, 2004. A “subsequent change in law” also does not include a change in the statutes or executive orders that impose new state-mandated activities and require a finding pursuant to subdivision (a) of Section 17551.
(3)
“Test claim decision” means a decision of the Commission on State Mandates on a test claim filed pursuant to Section 17551 or a decision of the State Board of Control on a claim for state reimbursement filed pursuant to Article 1 (commencing with Section 2201), Article 2 (commencing with Section 2227), and Article 3 (commencing with Section 2240) of Chapter 3 of Part 4 of Division 1 of the Revenue and Taxation Code prior to January 1,
1985.
(b)
The commission may adopt a new test claim decision to supersede a previously adopted test claim decision only upon a showing that the state’s liability for that test claim decision pursuant to subdivision (a) of Section 6 of Article XIII
B of the California Constitution has been modified based on a subsequent change in law.
(c)
A local agency or school district, statewide association of local agencies or school districts, or the Department of Finance, the Controller, or other affected state agency may file a request with the commission to adopt a new test claim decision pursuant to this section.
(d)
The commission shall adopt procedures for receiving requests to adopt a new test claim decision pursuant to this section and for providing notice and a hearing on those requests. The
procedures shall do all of the following:
(1)
Specify that all requests for adoption of a new test claim decision shall be filed on a form prescribed by the commission that shall contain at least the following elements and documents:
(A)
The name, case number, and adoption date of the prior test claim decision.
(B)
A detailed analysis of how and why the state’s liability for mandate reimbursement has been modified pursuant to subdivision (a) of Section 6 of Article XIII
B of the California Constitution based on a subsequent change in law.
(C)
The actual or estimated amount of the annual statewide change in the state’s liability for mandate reimbursement pursuant to subdivision (a) of Section 6 of Article XIII
B of the California Constitution based on a subsequent change in law.
(D)
Identification of all of the following, if relevant:
(i)
Dedicated state funds appropriated for the program.
(ii)
Dedicated federal funds appropriated for the program.
(iii)
Fee authority to offset the costs of the program.
(iv)
Federal law.
(v)
Court decisions.
(vi)
State or local ballot measures and the corresponding date of the election.
(E)
All assertions of fact shall be supported with declarations
made under penalty of perjury, based on the declarant’s personal knowledge, information, or belief, and be signed by persons who are authorized and competent to do so, including, but not limited to, the following:
(i)
Declarations of actual or estimated annual statewide costs that will or will not be incurred to implement the alleged mandate.
(ii)
Declarations identifying all local, state, or federal funds, or fee authority that may or may not be used to offset the increased costs that will or will not be incurred by claimants to implement the alleged mandate or result in a finding of no costs mandated by the state pursuant to Section 17556.
(iii)
Declarations describing new activities performed to implement specific provisions of the test claim statute or executive order alleged to impose a reimbursable
state-mandated program.
(F)
Specific references shall be made to chapters, articles, sections, or page numbers that are alleged to impose or not impose a reimbursable state-mandated program.
(2)
Require that a request for the adoption of a new test claim decision be signed at the end of the document, under penalty of perjury, by the requester or its authorized representative, along with a declaration that the request is true and complete to the best of the declarant’s personal knowledge, information, or belief. The procedures shall also require that the date of signing, the declarant’s title, address, telephone number, facsimile machine telephone number, and electronic mail address be included.
(3)
Provide that the commission shall return a submitted request that is incomplete to the requester and allow the requester
to remedy the deficiencies. The procedures shall also provide that the commission may disallow the original filing if a complete request is not received by the commission within 30 calendar days from the date that the incomplete request was returned to the requester.
(4)
Establish a two-step hearing process to consider requests for adoption of a new test claim decision pursuant to this section. As the first step, the commission shall conduct a hearing to determine if the requester has made a showing that the state’s liability pursuant to subdivision (a) of Section 6 of Article XIII
B of the California Constitution has been modified based on a subsequent change in law. If the commission determines that the requester has made this showing, then pursuant to the commission’s authority in subdivision (b) of this section, the commission shall notice the request for a hearing to determine if a new test claim decision shall be
adopted to supersede the previously adopted test claim decision.
(5)
Provide for presentation of evidence and legal argument at the hearings by the requester, interested parties, the Department of Finance, the Controller, any other affected state agency, and interested persons.
(6)
Permit a hearing to be postponed at the request of any party, without prejudice, until the next scheduled hearing.
(e)
To implement the procedures described in subdivision (d), the commission shall initially adopt regulations as emergency regulations and, for purposes of Section 11349.6, the adoption of the regulations shall be considered by the Office of Administrative Law to be necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding subdivision (e) of Section 11346.1, the
regulations shall be repealed within 180 days after their effective date, unless the commission complies with Chapter 3.5 (commencing with Section 11340) of Part 1 as provided in subdivision (e) of Section 11346.1.
(f)
A request for adoption of a new test claim decision shall be filed on or before June 30 following a fiscal year in order to establish eligibility for reimbursement or loss of reimbursement for that fiscal year.
(g)
The commission shall notify interested parties, the Controller, the Department of Finance, affected state agencies, and the Legislative Analyst of any complete request for the adoption of a new test claim decision that the commission receives.
(h)
If the commission determines that the requester has made a showing that the state’s liability pursuant to subdivision (a) of Section 6 of Article
XIII
B of the California Constitution has been modified based on a subsequent change in law, and the commission notices the request for a hearing to determine whether a new test claim decision shall be adopted that supersedes a prior test claim decision, the Controller shall notify eligible claimants that the request has been filed with the commission and that the original test claim decision may be superseded by a new decision adopted by the commission. The notification may be included in the next set of claiming instructions issued to eligible claimants.
(i)
If the commission adopts a new test claim decision that supersedes the previously adopted test claim decision, the commission shall adopt new parameters and guidelines or amend existing parameters and guidelines or reasonable reimbursement methodology pursuant to Sections 17557, 17557.1, and 17557.2.
(j)
Any new parameters and guidelines adopted or amendments made to existing parameters and guidelines or a reasonable reimbursement methodology shall conform to the new test claim decision adopted by the commission.
(k)
The Controller shall follow the procedures in Sections 17558, 17558.5, 17560, 17561, and 17561.5, as applicable, for a new test claim decision adopted by the commission pursuant to this section.
(l)
If the commission adopts a new test claim decision that will result in reimbursement pursuant to Section 6 of Article XIII
B of the California Constitution because a cost is a cost mandated by the state, as defined in Section 17514, the commission shall determine the amount to be subvened to local agencies and school districts by adopting a new statewide cost estimate pursuant to Section 17557.
(m)
In addition to the reports required pursuant to Sections 17600 and 17601, the commission shall notify the Legislature within 30 days of adopting a new test claim decision that supersedes a prior test claim decision and determining the amount to be subvened to local agencies and school districts for reimbursement pursuant to this section.
California § 17570. (17570. (Added by Stats. 2010, Ch. 719, Sec. 33.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.