Section § 1

Explanation

This law says that both the state's and local governments' yearly spending cannot go over what was allowed last year. However, they can adjust for inflation and changes in the population. There are exceptions, but they are in this same article.

The total annual appropriations subject to limitation of the State and of each local government shall not exceed the appropriations limit of the entity of government for the prior year adjusted for the change in the cost of living and the change in population, except as otherwise provided in this article.

Section § 1.5

Explanation

Every local government in California must have their yearly budget limit calculations checked during their yearly financial audit.

The annual calculation of the appropriations limit under this article for each entity of local government shall be reviewed as part of an annual financial audit.

Section § 2

Explanation

This law section deals with how excess government revenue is handled in California. If the state collects more money than it is allowed to spend in a year, it must do two things with this surplus. First, 50% of the extra revenue must be allocated to a special fund. Second, the other 50% should lead to tax cuts or fee reductions in the following two years. This applies both to the state and other government entities under similar circumstances.

(a)Copy CA California Constitution Code § 2(a)
(1)Copy CA California Constitution Code § 2(a)(1) Fifty percent of all revenues received by the State in a fiscal year and in the fiscal year immediately following it in excess of the amount which may be appropriated by the State in compliance with this article during that fiscal year and the fiscal year immediately following it shall be transferred and allocated, from a fund established for that purpose, pursuant to Section 8.5 of Article XVI.
(2)CA California Constitution Code § 2(a)(2) Fifty percent of all revenues received by the State in a fiscal year and in the fiscal year immediately following it in excess of the amount which may be appropriated by the State in compliance with this article during that fiscal year and the fiscal year immediately following it shall be returned by a revision of tax rates or fee schedules within the next two subsequent fiscal years.
(b)CA California Constitution Code § 2(b) All revenues received by an entity of government, other than the State, in a fiscal year and in the fiscal year immediately following it in excess of the amount which may be appropriated by the entity in compliance with this article during that fiscal year and the fiscal year immediately following it shall be returned by a revision of tax rates or fee schedules within the next two subsequent fiscal years.

Section § 3

Explanation

This law section outlines how a government's spending limit, known as the appropriations limit, can be adjusted in various situations. If financial responsibility for services shifts between government entities, the new entity's spending cap increases while the old entity's decreases. If services move to private entities or funding sources change to user fees, then the government's spending limit decreases. In emergencies, declared by local legislative bodies or the Governor, governments can exceed their spending limits temporarily, but must offset this by reducing limits in the next three years. Emergency spending approved by two-thirds of the legislative body is not subject to the usual limits, especially in cases of severe disasters or threats.

The appropriations limit for any fiscal year pursuant to Sec. 1 shall be adjusted as follows:
(a)CA California Constitution Code § 3(a) In the event that the financial responsibility of providing services is transferred, in whole or in part, whether by annexation, incorporation or otherwise, from one entity of government to another, then for the year in which such transfer becomes effective the appropriations limit of the transferee entity shall be increased by such reasonable amount as the said entities shall mutually agree and the appropriations limit of the transferor entity shall be decreased by the same amount.
(b)CA California Constitution Code § 3(b) In the event that the financial responsibility of providing services is transferred, in whole or in part, from an entity of government to a private entity, or the financial source for the provision of services is transferred, in whole or in part, from other revenues of an entity of government, to regulatory licenses, user charges or user fees, then for the year of such transfer the appropriations limit of such entity of government shall be decreased accordingly.
(c)Copy CA California Constitution Code § 3(c)
(1)Copy CA California Constitution Code § 3(c)(1) In the event an emergency is declared by the legislative body of an entity of government, the appropriations limit of the affected entity of government may be exceeded provided that the appropriations limits in the following three years are reduced accordingly to prevent an aggregate increase in appropriations resulting from the emergency.
(2)CA California Constitution Code § 3(c)(2) In the event an emergency is declared by the Governor, appropriations approved by a two-thirds vote of the legislative body of an affected entity of government to an emergency account for expenditures relating to that emergency shall not constitute appropriations subject to limitation. As used in this paragraph, “emergency” means the existence, as declared by the Governor, of conditions of disaster or of extreme peril to the safety of persons and property within the State, or parts thereof, caused by such conditions as attack or probable or imminent attack by an enemy of the United States, fire, flood, drought, storm, civil disorder, earthquake, or volcanic eruption.

Section § 4

Explanation

This law regulates how a government entity in California can set or change its spending limit. The voters of that entity can decide to establish or adjust this limit, but they must follow legal voting procedures. Any change they make can only last up to four years after the last vote.

The appropriations limit imposed on any new or existing entity of government by this Article may be established or changed by the electors of such entity, subject to and in conformity with constitutional and statutory voting requirements. The duration of any such change shall be as determined by said electors, but shall in no event exceed four years from the most recent vote of said electors creating or continuing such change.

Section § 5

Explanation

This law allows government entities to set up various types of financial funds, like emergency or retirement funds, as they see fit. If these funds are financed through tax revenue, they count as spending limits for that year. However, taking money out of these funds, spending the withdrawn money, or moving money between funds doesn't count as spending limits.

Each entity of government may establish such contingency, emergency, unemployment, reserve, retirement, sinking fund, trust, or similar funds as it shall deem reasonable and proper. Contributions to any such fund, to the extent that such contributions are derived from the proceeds of taxes, shall for purposes of this Article constitute appropriations subject to limitation in the year of contribution. Neither withdrawals from any such fund, nor expenditures of (or authorizations to expend) such withdrawals, nor transfers between or among such funds, shall for purposes of this Article constitute appropriations subject to limitation.

Section § 5.5

Explanation

This section requires the California Legislature to create a state reserve fund that they consider necessary and reasonable. How much money goes into or is taken out of this fund must follow rules described in another part of the law known as Section 5 of the same Article.

Prudent State Reserve.  The Legislature shall establish a prudent state reserve fund in such amount as it shall deem reasonable and necessary. Contributions to, and withdrawals from, the fund shall be subject to the provisions of Section 5 of this Article.

Section § 6

Explanation

This section states that if the California Legislature or a state agency requires local governments to start a new program or do more than usual, they must cover the costs. However, there are exceptions where the state doesn't have to pay. These exceptions include if the local agency asked for the mandate, if it involves a new crime law, or if it began before 1975.

For ongoing costs related to mandates recognized before the budget year, the state must either fully pay or suspend the mandate. Costs before fiscal year 2004-05 can be handled over multiple years. Local governments can't use property tax revenues to fund these state-mandated programs. Certain requirements involving employee rights or benefits are exempt from this payment rule.

If the state shifts financial burden for a program to local entities, it's considered a mandated program.

(a)CA California Constitution Code § 6(a) Whenever the Legislature or any state agency mandates a new program or higher level of service on any local government, the State shall provide a subvention of funds to reimburse that local government for the costs of the program or increased level of service, except that the Legislature may, but need not, provide a subvention of funds for the following mandates:
(1)CA California Constitution Code § 6(a)(1) Legislative mandates requested by the local agency affected.
(2)CA California Constitution Code § 6(a)(2) Legislation defining a new crime or changing an existing definition of a crime.
(3)CA California Constitution Code § 6(a)(3) Legislative mandates enacted prior to January 1, 1975, or executive orders or regulations initially implementing legislation enacted prior to January 1, 1975.
(4)CA California Constitution Code § 6(a)(4) Legislative mandates contained in statutes within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I.
(b)Copy CA California Constitution Code § 6(b)
(1)Copy CA California Constitution Code § 6(b)(1) Except as provided in paragraph (2), for the 2005–06 fiscal year and every subsequent fiscal year, for a mandate for which the costs of a local government claimant have been determined in a preceding fiscal year to be payable by the State pursuant to law, the Legislature shall either appropriate, in the annual Budget Act, the full payable amount that has not been previously paid, or suspend the operation of the mandate for the fiscal year for which the annual Budget Act is applicable in a manner prescribed by law.
(2)CA California Constitution Code § 6(b)(2) Payable claims for costs incurred prior to the 2004–05 fiscal year that have not been paid prior to the 2005–06 fiscal year may be paid over a term of years, as prescribed by law.
(3)CA California Constitution Code § 6(b)(3) Ad valorem property tax revenues shall not be used to reimburse a local government for the costs of a new program or higher level of service.
(4)CA California Constitution Code § 6(b)(4) This subdivision applies to a mandate only as it affects a city, county, city and county, or special district.
(5)CA California Constitution Code § 6(b)(5) This subdivision shall not apply to a requirement to provide or recognize any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree, or of any local government employee organization, that arises from, affects, or directly relates to future, current, or past local government employment and that constitutes a mandate subject to this section.
(c)CA California Constitution Code § 6(c) A mandated new program or higher level of service includes a transfer by the Legislature from the State to cities, counties, cities and counties, or special districts of complete or partial financial responsibility for a required program for which the State previously had complete or partial financial responsibility.

Section § 7

Explanation

This law ensures that neither the state nor local governments are hindered by this Article in fulfilling their financial obligations related to both current and future bond debt.

Nothing in this Article shall be construed to impair the ability of the State or of any local government to meet its obligations with respect to existing or future bonded indebtedness.

Section § 8

Explanation

This law section explains the rules for how government budgeting appropriations are limited in California. "Appropriations subject to limitation" refer to what's allowed to be spent from collected taxes by the state or local governments, excluding specific refunds and benefit payments. Local government entities also include certain state funds except those described in a specific section. "Proceeds of taxes" mean all tax income, extra charges, and investment income, unless it exceeds service costs, and it includes state funds for local governments minus exceptions.

"Local government" covers cities, counties, school districts, and other divisions. "Change in the cost of living" is generally about how personal income increases, which affects budget limits. Population changes affect budget calculations, accounting for attendance changes in schools. Debt service covers costs related to older and voter-approved debt. Each government entity has a set "appropriations limit," governing its allowable annual spending.

This law provides how these financial limits adjust yearly based on population and cost of living shifts, and specifies exclusions like debt and investment authorization funds.

As used in this article and except as otherwise expressly provided herein:
(a)CA California Constitution Code § 8(a) “Appropriations subject to limitation” of the State means any authorization to expend during a fiscal year the proceeds of taxes levied by or for the State, exclusive of state subventions for the use and operation of local government (other than subventions made pursuant to Section 6) and further exclusive of refunds of taxes, benefit payments from retirement, unemployment insurance, and disability insurance funds.
(b)CA California Constitution Code § 8(b) “Appropriations subject to limitation” of an entity of local government means any authorization to expend during a fiscal year the proceeds of taxes levied by or for that entity and the proceeds of state subventions to that entity (other than subventions made pursuant to Section 6) exclusive of refunds of taxes.
(c)CA California Constitution Code § 8(c) “Proceeds of taxes” shall include, but not be restricted to, all tax revenues and the proceeds to an entity of government, from (1) regulatory licenses, user charges, and user fees to the extent that those proceeds exceed the costs reasonably borne by that entity in providing the regulation, product, or service, and (2) the investment of tax revenues. With respect to any local government, “proceeds of taxes” shall include subventions received from the State, other than pursuant to Section 6, and, with respect to the State, proceeds of taxes shall exclude such subventions.
(d)CA California Constitution Code § 8(d) “Local government” means any city, county, city and county, school district, special district, authority, or other political subdivision of or within the State.
(e)Copy CA California Constitution Code § 8(e)
(1)Copy CA California Constitution Code § 8(e)(1) “Change in the cost of living” for the State, a school district, or a community college district means the percentage change in California per capita personal income from the preceding year.
(2)CA California Constitution Code § 8(e)(2) “Change in the cost of living” for an entity of local government, other than a school district or a community college district, shall be either (A) the percentage change in California per capita personal income from the preceding year, or (B) the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local nonresidential new construction. Each entity of local government shall select its change in the cost of living pursuant to this paragraph annually by a recorded vote of the entity’s governing body.
(f)CA California Constitution Code § 8(f) “Change in population” of any entity of government, other than the State, a school district, or a community college district, shall be determined by a method prescribed by the Legislature.
“Change in population” of a school district or a community college district shall be the percentage change in the average daily attendance of the school district or community college district from the preceding fiscal year, as determined by a method prescribed by the Legislature.
“Change in population” of the State shall be determined by adding (1) the percentage change in the State’s population multiplied by the percentage of the State’s budget in the prior fiscal year that is expended for other than educational purposes for kindergarten and grades one to 12, inclusive, and the community colleges, and (2) the percentage change in the total statewide average daily attendance in kindergarten and grades one to 12, inclusive, and the community colleges, multiplied by the percentage of the State’s budget in the prior fiscal year that is expended for educational purposes for kindergarten and grades one to 12, inclusive, and the community colleges.
Any determination of population pursuant to this subdivision, other than that measured by average daily attendance, shall be revised, as necessary, to reflect the periodic census conducted by the United States Department of Commerce, or successor department.
(g)CA California Constitution Code § 8(g) “Debt service” means appropriations required to pay the cost of interest and redemption charges, including the funding of any reserve or sinking fund required in connection therewith, on indebtedness existing or legally authorized as of January 1, 1979, or on bonded indebtedness thereafter approved according to law by a vote of the electors of the issuing entity voting in an election for that purpose.
(h)CA California Constitution Code § 8(h) The “appropriations limit” of each entity of government for each fiscal year is that amount which total annual appropriations subject to limitation may not exceed under Sections 1 and 3. However, the “appropriations limit” of each entity of government for fiscal year 1978–79 is the total of the appropriations subject to limitation of the entity for that fiscal year. For fiscal year 1978–79, state subventions to local governments, exclusive of federal grants, are deemed to have been derived from the proceeds of state taxes.
(i)CA California Constitution Code § 8(i) Except as otherwise provided in Section 5, “appropriations subject to limitation” do not include local agency loan funds or indebtedness funds, investment (or authorizations to invest) funds of the State, or of an entity of local government in accounts at banks or savings and loan associations or in liquid securities.

Section § 9

Explanation

This section outlines certain types of government spending that are not counted under 'appropriations subject to limitation.' These include spending on debt payments, costs mandated by courts or the federal government without room for discretion, and specific cases involving special districts. Additionally, funding that comes from higher taxes on fuel or commercial vehicle weight fees as well as capital outlay projects are also excluded from this limitation.

“Appropriations subject to limitation” for each entity of government do not include:
(a)CA California Constitution Code § 9(a) Appropriations for debt service.
(b)CA California Constitution Code § 9(b) Appropriations required to comply with mandates of the courts or the federal government which, without discretion, require an expenditure for additional services or which unavoidably make the provision of existing services more costly.
(c)CA California Constitution Code § 9(c) Appropriations of any special district which existed on January 1, 1978, and which did not as of the 1977–78 fiscal year levy an ad valorem tax on property in excess of 121/2 cents per $100 of assessed value; or the appropriations of any special district then existing or thereafter created by a vote of the people, which is totally funded by other than the proceeds of taxes.
(d)CA California Constitution Code § 9(d) Appropriations for all qualified capital outlay projects, as defined by the Legislature.
(e)CA California Constitution Code § 9(e) Appropriations of revenue which are derived from any of the following:
(1)CA California Constitution Code § 9(e)(1) That portion of the taxes imposed on motor vehicle fuels for use in motor vehicles upon public streets and highways at a rate of more than nine cents ($0.09) per gallon.
(2)CA California Constitution Code § 9(e)(2) Sales and use taxes collected on that increment of the tax specified in paragraph (1).
(3)CA California Constitution Code § 9(e)(3) That portion of the weight fee imposed on commercial vehicles which exceeds the weight fee imposed on those vehicles on January 1, 1990.

Section § 10

Explanation

This law will start being enforced on the first day of the fiscal year after it is adopted.

This Article shall be effective commencing with the first day of the fiscal year following its adoption.

Section § 10.5

Explanation

This section states that starting from the fiscal year beginning July 1, 1990, each government entity's spending limit is based on their spending limit from the 1986-87 fiscal year. Adjustments can be made according to changes outlined in the current and previous sections.

For fiscal years beginning on or after July 1, 1990, the appropriations limit of each entity of government shall be the appropriations limit for the 1986–87 fiscal year adjusted for the changes made from that fiscal year pursuant to this article, as amended by the measure adding this section, adjusted for the changes required by Section 3.

Section § 11

Explanation

If a court makes a final decision that changes which budget categories are included in the spending limit, the spending limit must be adjusted to reflect that decision.

Also, if any part of this law is found to be invalid or unconstitutional, the rest of it will still stay in effect.

If any appropriation category shall be added to or removed from appropriations subject to limitation, pursuant to final judgment of any court of competent jurisdiction and any appeal therefrom, the appropriations limit shall be adjusted accordingly. If any section, part, clause or phrase in this Article is for any reason held invalid or unconstitutional, the remaining portions of this Article shall not be affected but shall remain in full force and effect.

Section § 12

Explanation

This section basically says that money raised from the Cigarette and Tobacco Products Surtax Fund doesn't count toward budget limits for government entities. Also, there won't be any need to adjust these budget limits just because money moves in or out of this specific fund.

“Appropriations subject to limitation” of each entity of government shall not include appropriations of revenue from the Cigarette and Tobacco Products Surtax Fund created by the Tobacco Tax and Health Protection Act of 1988. No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenue being deposited in or appropriated from the Cigarette and Tobacco Products Surtax Fund created by the Tobacco Tax and Health Protection Act of 1988.

Section § 13

Explanation

This law section states that money from the California Children and Families First Trust Fund is not counted when calculating a government agency's spending cap. Additionally, no changes to a government entity's spending limit are needed because of money moving to or from this fund. Also, the surtax from the California Children and Families First Act of 1998 isn't treated as general fund income for certain budgeting rules.

“Appropriations subject to limitation” of each entity of government shall not include appropriations of revenue from the California Children and Families First Trust Fund created by the California Children and Families First Act of 1998. No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenue being deposited in or appropriated from the California Children and Families First Trust Fund. The surtax created by the California Children and Families First Act of 1998 shall not be considered General Fund revenues for the purposes of Section 8 of Article XVI.

Section § 14

Explanation

This section states that money coming from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund doesn't count towards the spending limits set for government entities. This means any revenue from this Fund won't require adjustments to the spending limits of these entities.

“Appropriations subject to limitation” of each entity of government shall not include appropriations of revenue from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund created by the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenue being deposited in or appropriated from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund.

Section § 15

Explanation

This law specifies that government budgets are not limited by revenue from the Road Maintenance and Rehabilitation Account or other funds created by the Road Repair and Accountability Act of 2017. In simple terms, money for road repairs isn't counted toward budget caps, and budget limits don't need adjusting because of these specific funds.

“Appropriations subject to limitation” of each entity of government shall not include appropriations of revenues from the Road Maintenance and Rehabilitation Account created by the Road Repair and Accountability Act of 2017, or any other revenues deposited into any other funds pursuant to the act. No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenues being deposited in or appropriated from the Road Maintenance and Rehabilitation Account created by the Road Repair and Accountability Act of 2017 or any other account pursuant to the act.