Below are matters that have not yet been decided by the Commission on State Mandates. These include:
- Test Claims (TC)
- Parameters and Guidelines (Ps&Gs)
- Requests to Amend Parameters and Guidelines (PGA)
- Statewide Cost Estimates (SCE)
- Appeal of Executive Director Decisions (AEDD)
- Mandate Redeterminations (MR)
- Review of Claiming Instructions (RCI)
- Joint Reasonable Reimbursement Methodologies (Joint RRM)
- Incorrect Reduction Claims (IRC)
- Requests for Reconsideration of an Adopted Decision (RAD)
- California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2010-0108, 11-TC-01
- California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2012-0175, 13-TC-01 and 13-TC-02
- California Regional Water Quality Control Board, San Diego Region, Order No. R9-2009-0002, 10-TC-11
- California Regional Water Quality Control Board, San Diego Region, Order No. R9-2010-0016, 11-TC-03
- California Regional Water Quality Control Board, San Diego Region, Order No. R9-2013-0001, 14-TC-03
- California Regional Water Quality Control Board, San Diego Region, Order No. R9-2015-0001, Provisions A.2, A.3.b, A.4, B, E.3.c(2), E.3.d, E.5, E.5.e, E.6, F, and Attachment E; and Order No. R9-2015-0100, Provision B.3.c, 15-TC-02
- California Regional Water Quality Control Board, San Diego Region, Order No. R9-2015-0100, Provisions A.4, B.2, B.3.a, B.3.b, B.4, B.5, B.6, D.1.c(6), D.2.a(2), D.3, D.4, E.3.c(2), E.3.c(3), E.3.d, E.5.a, E.5.c(1)a, E.5.c(2)a, E.5.c(3), E.5.e, E.6, F.1.a, F.1.b, F.2.a, F.2.b, F.2.c, F.3.b(3), and F.3.c, 16-TC-05
- California Regional Water Quality Control Board, San Francisco Bay Region, Order No. R2-2009-0074, Provisions C.2.b, C.2.c, C.2.e, C.2.f, C.8.b, C.8.c, C.8.d, C.8.e.i, ii and vi, C.8.f, C.8.g, C.8.h, C.10.a, C.10.b, C.10.c, C.10.d, C.11.f, and C.12.f, 10-TC-02, 10-TC-03, and 10-TC-05
- California Regional Water Quality Control Board, San Francisco Bay Region, Order No. R2-2015-0049, 16-TC-03
- California Regional Water Quality Control Board, Santa Ana Region, Order No. R8-2009-0030, 09-TC-03
- California Regional Water Quality Control Board, Santa Ana Region, Order No. R8-2010-0033, 10-TC-07
- California Regional Water Quality Control Board, Santa Ana Region, Order No. R8-2010-0036, 10-TC-10
- Central Basin Municipal Water District Governance Reform, 17-TC-02
- Lead Sampling in Schools, Permit Amendment No. 2017PA-SCHOOLS, City of San Diego Public Water System No. 3710020, effective January 18, 2017, 17-TC-03
- U Visa 918 Form, Victims of Crime: Nonimmigrant Status, 17-TC-01
- Waste Discharge Requirements and Water Quality Certification for: Santa Clara Valley Water District and U.S. Army Corps of Engineers, Upper Berryessa Creek Flood Risk Management Project, 17-TC-04
- Animal Adoption, 17-9811-I-04
- Crime Statistics Reports for the Department of Justice (DOJ), 17-0240-I-01
- Enrollment Fee Collection and Waivers (North Orange County Community College District), 15-9913-I-02
- Graduation Requirements (Grossmont Union High School District), 16-4435-I-56
- Integrated Waste Management (San Mateo County Community College District), 15-0007-I-12
- Interagency Child Abuse and Neglect Reports (ICAN), 17-0022-I-01
- Local Government Employee Relations, 17-0130-I-01
- The Stull Act (Carlsbad Unified School District), 14-9825-I-02
Test Claims (TC)
A "Test claim" means the first claim filed with the Commission alleging that a particular statute or executive order imposes costs mandated by the state. (Gov. Code 17521.) An “executive order” means any order, plan requirement, rule or regulation issued by the Governor, an officer or official serving at the pleasure of the Governor, or any agency, department, board or commission of state government. (Gov. Code 17516. “Costs mandated by the State” means any increased costs which a local agency or school district is required to incur 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 article XIII B, section 6 of the California Constitution. (Gov. Code 17514.)
Parameters and Guidelines (Ps&Gs)
The parameters and guidelines define the eligible claimants, the period of reimbursement, the reimbursable activities, direct and indirect costs, supporting documentation required to be submitted to the Controller’s Office, and identification of offsetting revenue or savings. (Cal. Code Regs., tit. 2, §1183.7.) The claimant is required to submit proposed parameters and guidelines 30 days after the statement of decision approving or partially approving a test claim is adopted. (Gov. Code, § 17557.) Commission staff may expedite by drafting and issuing proposed parameters and guidelines within 10 days after adoption of the statement of decision, to assist the claimant. (Cal. Code Regs., tit. 2, §1183.9)
Requests to Amend Parameters and Guidelines (PGA)
Parameters and guidelines may also be amended pursuant to Government Code section 17557 to: 1) Delete a reimbursable activity that has been repealed by statute or executive order; 2) Update offsetting revenue; 3) Include a reasonable reimbursement methodology; 4) Clarify the reimbursable activities; 5) Define activities that are not reimbursable; 6) Consolidate the parameters and guidelines from two or more related programs; or 7) Amend boilerplate language governing the claiming process. Unlike test claims, there is no statutory timeframe for completing requests to amend the parameters and guidelines.
Statewide Cost Estimates (SCE)
After the Commission adopts parameters and guidelines, those parameters and guidelines are sent to the Office of the State Controller (SCO). The SCO then has 90 days to issue claiming instructions. Local government then has 120 days to file their initial reimbursement claims with the SCO. Following the receipt of the initial reimbursement claims, the Commission estimates the statewide costs and sends the statewide cost estimate to the Legislature.
Appeal of Executive Director Decisions (AEDD)
Section 1181.1(c) of the Commission’s regulations allows any real party in interest to appeal to the Commission for review of the actions and decisions of the executive director. The Commission shall determine whether to uphold the executive director’s decision by a majority vote of the members present at the hearing. The Commission’s decision shall be final and not subject to reconsideration. Within ten days of the Commission’s decision, the executive director shall notify the appellant in writing of the decision.
Requests for Reconsideration of an Adopted Decision (RAD)
Section 1187.15 (a-j) of the Commission’s regulations allows any real party in interest to request that the Commission reconsider and change an adopted decision to correct an error of law. However, any signatory to a written agreement that settles a matter may not request reconsideration of that matter if the matter is settled with prejudice. The power to order a reconsideration or amend a test claim decision shall expire 30 days after the adopted decision is delivered or mailed to the claimant. The Commission shall consider the request for reconsideration at a scheduled meeting. Five affirmative votes shall be required to grant the request for reconsideration. If the Commission grants the request for reconsideration, a hearing shall be conducted to determine if the adopted decision in question must be revised to correct an error of law. If the Commission changes an adopted decision, the procedures set forth in Sections 1183.7 through 1183.14 of the regulations shall govern the adoption of parameters and guidelines and the statewide cost estimate, if applicable.
Mandate Redeterminations (MR)
A local agency or a school district, statewide association of local agencies or school districts, the Department of Finance, Office of the State Controller, or other affected state agency, may file a request to adopt a new test claim decision to supersede a previously adopted test claim decision by making a showing that the state’s liability pursuant to Article XIII B, section 6 (a) of the California Constitution for the previously adopted test claim decision has been modified based on a "subsequent change in law" as defined by Government Code section 17570(a)(2). Such a request is known as a "request for mandate redetermination."
Review of Claiming Instructions (RCI)
The Commission, upon request of a local agency or school district, shall review the claiming instructions issued by the Office of the State Controller (SCO) for reimbursement of mandated costs. If the Commission determines that the claiming instructions do not conform to the parameters and guidelines, the Commission shall direct the SCO to modify the claiming instructions and the SCO shall modify the claiming instructions to conform to the parameters and guidelines as directed by the Commission. ((Gov. Code, § 17571.)
Joint Reasonable Reimbursement Methodologies (Joint RRM)
Government Code section 17557.1 provides an alternative procedure through which Finance and the claimant can jointly agree to a “reasonable reimbursement methodology.” This functions like a settlement and the Commission only approves it as to form. Notwithstanding Government Code section 17557, within 30 days of the adoption of a decision on a test claim, the successful test claimant and the Department of Finance may notify the executive director in writing of their intent to follow the process described in Government Code sections 17557.1-17557.2 to develop a reasonable reimbursement methodology and statewide estimate of costs.
Incorrect Reduction Claims (IRC)
Local agencies and school districts file claims for reimbursement for mandated programs with the Office of the State Controller (SCO). The SCO is authorized to reduce reimbursement claims it deems excessive or unreasonable. If the SCO reduces a reimbursement claim, a local agency or school district may file an incorrect reduction claim (IRC) with the Commission alleging that the SCO incorrectly reduced the claim. The Commission is required to hear these claims and determine if the claims were incorrectly reduced.