Statutes, codes, and regulations
California Code Of Regulations
Title 2 - AdministrationDivision 2 - Financial OperationsChapter 2.5 - Commission on State Mandates
Article 3 - Test Claims
Section 1183.7 - Content of Parameters and Guidelines

Cal. Code Regs. tit. 2 § 1183.7

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Current through Register 2024 Notice Reg. No. 45, November 8, 2024
Section 1183.7 - Content of Parameters and Guidelines

The parameters and guidelines shall describe the claimable reimbursable costs and contain the following information:

(a) Summary of the Mandate. A summary of the mandate identifying the statutes or executive orders that contain the mandate and the increased level of service and activities found to be required under those statutes or executive orders.
(b) Eligible Claimants. A description of the local governmental entities eligible to file for reimbursement.
(c) Period of Reimbursement. A description of the period of reimbursement specifying the beginning and ending (if applicable) of the reimbursement period.
(d) Reimbursable Activities. A description of the specific costs and types of costs that are reimbursable, including one-time costs and on-going costs, and reasonably necessary activities required to comply with the mandate. "Reasonably necessary activities" are those activities necessary to comply with the statutes, regulations and other executive orders found to impose a state-mandated program. Activities required by statutes, regulations and other executive orders that were not pled in the test claim may only be used to define reasonably necessary activities to the extent that compliance with the approved state-mandated activities would not otherwise be possible. Whether an activity is reasonably necessary is a mixed question of law and fact. All representations of fact to support any proposed reasonably necessary activities shall be supported by documentary evidence in accordance with section 1187.5 of these regulations.
(e) Claim Preparation. Instruction on claim preparation, including instructions for direct and indirect cost reporting for actual costs incurred, or application of a reasonable reimbursement methodology.
(f) Record Retention. Notice of the Office of the State Controller's authority to audit claims and the amount of time supporting documents must be retained during the period subject to audit.
(g) Any Offsetting Revenues and Reimbursements that reduce the cost of any reimbursable activity, including the identification of:
(1) Dedicated state and federal funds appropriated for this program.
(2) Non-local agency funds dedicated for this program.
(3) Local agency's general purpose funds for this program.
(4) Service charge, fee, or assessment authority to offset part of the costs of this program.
(h) Any Offsetting Savings. Identification of any offsetting savings provided by the test claim statute or executive order, or other statute or executive order, which decreases the cost of any reimbursable activity and permits or requires the discontinuance or reduction in the level of service of the program.
(i) Claiming Instructions. Notice of the Office of the State Controller's duty to issue claiming instructions, which constitutes notice of the right of local agencies and school districts to file reimbursement claims, based upon the decision and parameters and guidelines adopted by the Commission.
(j) Remedies Before the Commission. Instructions for filing requests to review claiming instructions and requests to amend parameters and guidelines with the Commission.
(k) Legal and Factual Basis. Notice that the legal and factual basis for the parameters and guidelines are found in the administrative record for the test claim, which is on file with the Commission.

Cal. Code Regs. Tit. 2, § 1183.7

1. New section filed 5-19-2014; operative 7-1-2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
2. Amendment of NOTE filed 9-24-2015; operative 10-1-2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
3. Amendment of subsection (d) filed 1-23-2020; operative 4-1-2020 (Register 2020, No. 4).
4. Amendment of subsection (g)(4) filed 8-16-2021; operative 10-1-2021 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2021, No. 34).

Note: Authority cited: Sections 17517.5, 17527(g) and 17553(a), Government Code. Reference: Sections 17518.5, 17530, 17553, 17556(e), 17557 and 17558, Government Code.

1. New section filed 5-19-2014; operative 7/1/2014 pursuant to Government Code section 11343.4(a)(3). Exempt from OAL review and submitted to OAL for printing only pursuant to Government Code section 17527 (Register 2014, No. 21).
2. Amendment of Note filed 9-24-2015; operative 10/1/2015 pursuant to Government Code section 11343.4(b)(3). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527(g) (Register 2015, No. 39).
3. Amendment of subsection (d) filed 1-23-2020; operative 4/1/2020 (Register 2020, No. 4).
4. Amendment of subsection (g)(4) filed 8-16-2021; operative 10/1/2021 pursuant to Government Code section 11343.4(a). Exempt from OAL review and submitted to OAL for filing and printing only pursuant to Government Code section 17527 (Register 2021, No. 34).