Cal. Code Regs. tit. 9 § 3420.20

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 3420.20 - Local Mental Health Services Fund Transfers to Joint Powers Authority (Jpa)
(a) A County may transfer funds from its Local Mental Health Services Fund to a joint powers authority (JPA) formed pursuant to Government Code section 6500 et seq., if before transferring funds:
(1) The County includes a description of the proposed transfer in its Three-Year Program and Expenditure Plan, annual update, or updates in accordance with sections 3310 and 3315. The description shall identify the source of the transfer, which may include the County's CSS Account, PEI Account, INN Account, WET Account, or CFTN Account; and
(2) The County's Board of Supervisors adopts the Three-Year Program and Expenditure Plan, annual update, or updates, describing the proposed transfer of funds to a JPA.
(b) A County shall ensure that the JPA spends all of its funds in compliance with the County's Three-Year Program and Expenditure Plan, annual update, or updates, as adopted by the County's Board of Supervisors.
(c) A County shall report on its Annual MHSA Revenue and Expenditure Report each transfer of funds from the Local Mental Health Services Fund to the JPA, each of the JPA's expenditures of the funds, and each Investment Gain on the funds, in accordance with section 3510.
(d) A County shall ensure that the JPA spends all of its funds within the timeframes specified in sections 3420.50, 3420.55 and 3420.60 to avoid the reversion of funds to the Mental Health Services Fund. The Reversion Period for funds a County transfers to a JPA shall begin the first fiscal year in which the State Controller distributes the money into the Local Mental Health Services Fund. Funds a County transfers to a JPA are expended when the JPA spends the funds for the authorized purpose described in the County's Three-Year Program and Expenditure Plan, annual update or update. If a JPA fails to spend funds within the applicable Reversion Period the funds shall revert to the Mental Health Services Fund for deposit into the Reversion Account.
(e) A County shall ensure that a JPA in which the County participates:
(1) Invests the County's funds consistent with how the County invests its other funds; and
(2) Makes any Investment Gain earned from the County's funds during a fiscal year available for expenditure by the County during that same fiscal year. Any Investment Gain shall be subject to reversion if not spent within the specified timeframes pursuant to sections 3420.50, 3420.55, and 3420.60. The first fiscal year of the Reversion Period shall be the year the JPA made the Investment Gain available for expenditure by the County.

Cal. Code Regs. Tit. 9, § 3420.20

1. New section filed 5-6-2020; operative 7-1-2020 (Register 2020, No. 19).

Note: Authority cited: Section 5898, Welfare and Institutions Code. Reference: Sections 5847(a), 5847(b), 5847(e), 5848(a), 5848(b), 5891(d), 5892(f), 5892(g), 5892(h), 5897(b), 5899(c)(1)-(4) and 5899(d), Welfare and Institutions Code.

1. New section filed 5-6-2020; operative 7/1/2020 (Register 2020, No. 19).