State Agencies and Departments

Government Code Title 2, Division 3, Part 1, Chapter 1, Article 1 deals generally with state departments and agencies. Section 11000 defines the term “state agency” to mean every state office, officer, department, division, bureau, board, and commission. However, state agency does not include the California State University, unless the section of law explicitly provides that it applies to the university.

Section 11000.5 prohibits a state agency from permitting an evaluator to review a discretionary grant application submitted by an organization or a person for which the evaluator was a representative, voting member, or staff member within the two-year period preceding receipt of that application. The following terms are defined: “organization,” “person,” “representative,” and “staff member.”

Section 11000.7 requires every state agency to establish the license periods and renewal dates for all licenses issued by the agencies in the manner as best to distribute the renewal work of all agencies throughout each year and permit the most efficient and economical use of personnel and equipment.

Section 11000.10 provides that any state agency that seeks to hold an event with an expected attendance level over 10,000 participants on property that is either owned or operated by a state agency is required, at a normally scheduled meeting, and at least 30 days prior to the event date, assess the threat of loss of life or harm to participants that the event poses. The assessment must consider the specified topics.

Section 11001 allows any state agency to make exhibits descriptive or illustrative of any activity or pursuit relating to its work at any international, state, district, county or municipal fair, exposition or exhibit, authorized or recognized by the laws of the state or acts of Congress and may pay all actual and necessary expenses incurred in making the exhibits from any appropriation available for the use, support or maintenance of the agency.

Section 11002 states that, if a remittance to cover a payment required by law to be made to the state or to a state agency on or before a specified date is sent through the United States mail or through a bona fide commercial delivery service properly addressed with postage prepaid, it is deemed received on the date shown by the cancellation mark stamped upon the envelope containing the remittance or on the date it was mailed if proof satisfactory to the state or state agency establishes that the mailing occurred on an earlier date.

Section 11003 states that, if an application, tax return or claim for credit or refund required by law to be filed with the state or state agency on or before a specified date is filed with a state agency through the United States mail or through a bona fide commercial delivery service, as determined by the state or the state agency addressee, properly addressed with postage prepaid, it is then deemed filed on the date shown by the cancellation mark stamped on the envelope containing it

Section 11004 says that Sections 11002 and 11003 do not apply in two specified conditions.

Section 11005 provides that, unless the Legislature specifically provides that approval is not required, every gift or dedication to the state of personal property, or every gift to the state of real property in fee or in any lesser estate or interest, is approved by the Director of Finance, and every contract for the acquisition or hiring of real property in fee or in any lesser estate or interest, entered into by or on behalf of the state, is approved by the Director of General Services. Any contract entered into in violation of this section is void.

This section applies to any state agency that, by general or specific statute, is expressly or impliedly authorized to enter into transactions referred to in this section. This section does not apply to any of seven specified items.

Section 11005.1 allows the Director of Finance to accept on behalf of the State any gift of real or personal property whenever he or she deems such gift and the terms and conditions thereof to be in the best interest of the State.

Section 11005.2 provides that, unless the Legislature specifically provides that approval by the Director of General Services is not required, then every conveyance, contract, or agreement whereby an interest of the state in any real property is conveyed, demised, or let to any person, is required to be approved by DGS before the conveyance, contract, or agreement is executed or entered into.

In addition, any conveyance, contract, or agreement executed or entered into in violation of this section is void. This section applies to any state agency which, by general or specific statute, is expressly or impliedly authorized to enter into transactions referred to in this section. Also, this section does not apply to real property acquired by the Department of Transportation for highway purposes, real property acquired by the High-Speed Rail Authority for high-speed rail purposes, or real property administered by the State Lands Commission, the Controller, or the State Compensation Insurance Fund.

Section 11005.3 specifies that any state department, board, or commission may lease any real property for the use of the state agency for storage, warehouse, or office purposes provided that the lease term does not exceed three years and the annual rental does not exceed $50,000. In addition, prior approval to engage in any lease activity must first be obtained from the Department of General Services and the lease agreement is subject to approval by DGS.

Section 11005.4 provides definitions of the following terms: “accepted nutritional guidelines,” “food,” “added sweetener,” “state property,” and “vending machine.”

Section 11005.6 specifies that any lease of property by a state agency for warehouse or office uses which is entered into or renewed must contain all of the specified items. In addition, the state agency leasing space through any contract has access at all times to the leased facilities for the purpose of securing documents and information deemed vital to the continuation of the business of the state, subject to a good faith effort by the agency to obtain the building owner’s permission when exercising its right of access. This section also contains provisions for late payments, interest penalties on late payments, and eviction procedures.

Section 11005.7 required the Department of General Services to develop procedures and policies to expedite normal procedures for purchasing, leasing, and contracting.

Section 11006 says that a state agency that requires fingerprinting for any non-law-enforcement purpose cannot require the use of specified live scan fingerprinting service providers certified by the Department of Justice to roll fingerprint impressions. In addition, a state agency may identify on its Web site a list of live scan fingerprinting service providers certified by the Department of Justice.

Section 11007 specifies that property belonging to the state cannot be insured against risk of damage or destruction by fire, and the policies of fire insurance upon any property belonging to the state are not to be renewed. This section is not applicable to the State Compensation Insurance Fund nor to property owned by it. In addition, the Director of General Services may establish a master builders’ risk insurance program for all state construction projects during construction.

Section 11007.1 allows the Department of Transportation, when it has acquired title to any real property for highway purposes and leases that property for commercial or business uses to the former owner for a term exceeding six months, to secure insurance against the risk of damage or destruction by fire where the former owner requests this coverage and the premium therefor is included in the rental agreed to be paid.

Section 11007.4 defines the following terms: “employee,” “employment,” and “injury,.”

Section 11007.5 allows any state agency, with the approval of the Department of General Services, to secure insurance protecting the state against loss by burglary, robbery, theft, or embezzlement of funds or securities belonging to the state which are in the possession or control of the agency.

Section 11007.6 authorizes any state agency to insure, subject to rules and regulations of the Department of General Services, its officers and employees not covered by against injury or death incurred while flying on state business in any, except regularly scheduled, passenger aircraft.

Section 11007.7 requires the procurement of insurance or official bonds by any state agency to be subject to approval of the Department of General Services. Any procurement of this type, upon request of the state agency concerned, may be made by the Department of General Services on behalf of the agency. The Department of General Services may procure the insurance or official bonds. This section does not apply to four specified types of insurance.

Section 11007.8 says that, if a state agency is authorized to procure insurance, that agency may operate and administer a self-insurance program. The agency may contract with the Department of General Services for the development and administration of a self-insurance program. Also, the department may develop and administer self-insurance programs for any state agency pursuant to its authority.

Section 11008 provides that, whenever any State agency has drawn against any bank account for the payment of any claim and payment of the claim has not been made for a period of six months by reason of the failure of the claimant to present the instrument to the bank, the State agency is required to pay the amount of the claim to the Treasurer in trust.

Section 11009 states that the members of State boards and commissions serve without compensation, but are allowed necessary expenses incurred in the performance of duty.

Section 11009.5 defines the following terms: “displaced,” “economic hardship,” “emergency,” “license”

Section 11010 allows a state agency to collect from any person, firm, or corporation a proportionate share of the cost of providing any service, inspection, or audit, that share include eight specified prorations of costs. State agencies are not allowed to levy or collect any fee or charge in an amount that exceeds the estimated actual or reasonable cost of providing the service, inspection, or audit for which the fee or charge is levied or collected.

Section 11010.5 says, where authority is vested in any state agency to contract on behalf of the state, that authority includes the power, by mutual consent of the contracting parties, to terminate, amend, or modify any contract within the scope of such authorization. Contracts of state agencies may include provisions for termination for environmental considerations at the discretion of those state agencies.

Section 11011 requires, on or before December 31 of each year, each state agency to make a review of all proprietary state lands, other than tax-deeded land, land held for highway purposes, lands under the jurisdiction of the State Lands Commission, land that has escheated to the state or that has been distributed to the state by court decree in estates of deceased persons, and lands under the jurisdiction of the State Coastal Conservancy, over which it has jurisdiction to determine what, if any, land is in excess of its foreseeable needs and report thereon in writing to the Department of General Services.

Section 11011.1 states that the disposal of surplus state real property by the Department of General Services are subject to the requirements of this section. The term “surplus state real property” is defined.

Section 11011.2 provides that the Department of General Services may lease real property under the jurisdiction of a state agency, department, or district agricultural association, if the Director of General Services determines that the real property is of no immediate need to the state but may have some potential future use to the program needs of the agency, department, or district agricultural association.

Section 11011.3 defines the word “department.” In addition, the department, in consultation with the Department of Housing and Community Development, is required to develop criteria to evaluate the suitability of state-owned parcels to be used for affordable housing. The department is required to conduct a comprehensive survey of all state-owned parcels every four years, and the department must update its digitized inventory of all state-owned parcels that are determined or declared in excess of the state’s foreseeable needs and suitable for affordable housing development.

Section 11011.5 provides, if no state or other public entity seeks to obtain title to specific surplus state-owned real property, a state agency authorized to sell that property, except property acquired for state highway purposes, may, with the approval of the Department of General Services, employ a licensed real estate broker who is local with respect to that property for a negotiated commission not to exceed reasonable and customary brokerage commissions applicable to similar privately owned properties in the area in connection with that sale and pay the amount of commission earned by the broker. There are also specified rules for paying commissions and selecting brokers.

Section 11011.8 requires, on or before December 31 of each year, the Department of Housing and Community Development to furnish to the Department of General Services a list of lands suitable and available for residential development that were identified by a local government as part of the housing element of its general plan. In addition, DGS is required to create a database of information that was furnished to it and information regarding the state lands determined or declared excess. The department must make this database available and searchable by the public by means of a link on its internet website.

Section 11011.9 states that, for purposes of expanding affordable housing development and adaptive reuse opportunities of multistory state office buildings and for adaptive reuse incentive grants, the Department of General Services is required to prepare and report to the Legislature a streamlined plan to transition underutilized multistory state buildings into all types of housing, including, but not limited to, rental or ownership housing opportunities.

Section 11011.11 provides five legislative findings and declarations including that there is not a complete inventory of all state real property holdings containing information on present use, characteristics of the holding, or its value.

Section 11011.13 provides definitions for the following terms: “agency,” “fully utilized,” “partially utilized, and “excess land.”

Section 11011.15 requires the Department of General Services to maintain a complete and accurate statewide inventory of all real property held by the state and categorize that inventory by agency and geographical location.

Section 11011.16 requires the inventory prepared to contain specified additional information, including descriptions of property and estimated land values.

Section 11011.20 provides that any private person or private company which advertises that it provides information or services regarding the sale or purchase of public property of any kind is required to prominently indicate in the advertisement and any other presentation that the person or company is not a government official or a government agency.

Section 11011.21 contains legislative findings and declarations that the Department of General Services has developed an inventory, known as the Surplus Property Inventory, of state-owned properties that are either surplus to the needs of the state in their entirety or are being used for a state program and some portions of the property are unused or underutilized. State agencies, when purchasing real property, are required to review the Surplus Property Inventory and purchase, lease, or trade property on that list, if possible, prior to purchasing property not on the Surplus Property Inventory.

Section 11011.27 allows the department to advertise and award contracts for services related to the disposition of real property, in accordance with this section. The followed terms are defined: “qualified firm,” “prequalified list,” 

Section 11011.29 states that, when a state agency builds upon state-owned real property, purchases real property, or replaces landscaping or irrigation, the state agency must reduce water consumption and increase water efficiencies for that property, where feasible, through any of the specified measures.

Section 11012 provides that, if any state agency is authorized to invest funds, or to sell or exchange securities, prior approval of the Department of Finance to the investment, sale, or exchange it is to be secured. In addition, every state agency must furnish the Department of Finance with the reports and in the form, relating to the funds or securities, their acquisition, sale, or exchange, as may be requested by the Department of Finance from time to time. Also, this section does not apply to the eleven specified state agencies.

Section 11013 allows the director of any state department, subject to approval of the Department of General Services, to establish and maintain a store or canteen for the sale to, or for the benefit of, inmates, patients and other persons entitled to institutional services, or employees of the institution, of candies, tobacco products, packaged food, nonalcoholic beverages and other articles. This section does not apply to any institution at which a store or canteen is authorized to be established under existing law.

Section 11014 provides that, while exercising the powers and duties granted to and imposed upon it, any state agency may construct and maintain communication lines as may be necessary. The agency, with the approval of the Department of General Services, may enter into contracts with owners of similar facilities for use of their facilities. Insurance may be purchased by the Department of General Services.

Section 11015 prohibits any state funds under the control of an officer or employee of the state, or of any agency, from using for membership or for any participation involving a financial payment or contribution, on behalf of the state agency, or any individual employed by or associated with, in any private organization whose membership practices are discriminatory on the basis of any characteristic listed is state law. However, this section does not apply to any public funds which have been paid to an individual employee or officer as salary.

Section 11016 allows any state agency, within the powers otherwise conferred by law upon the state agency, so that the state may participate in the federal antipoverty program embodied in the “Economic Opportunity Act of 1964”, contract with any public agency or private agency or with any agency or entity provided by an agreement.

Section 11016.1 provides that, if foreign assistance funds are appropriated by the President of the United States and the Congress for the purpose of funding a foreign assistance program between California and any foreign government or governments allied with the United States, any state agency and each department may, within the powers conferred by law upon the state agency and each department, participate in any work for or on behalf of the United States if the work is completely financed by federal funds.

Section 11016.5 allows each state agency to contract with a joint powers authority that is created pursuant to an agreement to perform examinations and related services for the state agency with respect to the issuance of professional and vocational licenses, certifications, commissions, permits, or other similar accreditations, subject to the approval of the Director of General Services.

Section 11016.9 requires each state agency to establish clear flextime policies and direct its managers to encourage the use of flextime. In addition, each state agency must enroll in a local or regional transportation management association.

Section 11017 requires each state agency in performing its duties to comply with all local air pollution control rules, regulations, and ordinances which are more stringent than any applicable state air pollution control statute, rule, or regulation.

Section 11017.1 requires each state agency to take all practical and reasonable steps to recover civil damages for the negligent, willful, or unlawful damaging or taking of state property under the jurisdiction of the state agency, including the institution of appropriate legal action.

Section 11017.5 provides that, when a statute is enacted establishing a new program or requiring interpretation pursuant to the Administrative Procedure Act, the state agency responsible for the program or regulatory action must, six months after the operative date or the effective date of the statute, whichever is later, issue a clear and concise summary of actions taken to implement the statute to the author of the statute, the policy committees in each house of the Legislature that considered the statute and, if the statute has been considered by the fiscal committee of either house of the Legislature, to the Joint Legislative Budget Committee and to the fiscal committee of each house of the Legislature that considered the statute.

In addition, the state agency responsible for the program or regulatory action is required to send copies of all regulations proposed to implement the statute, and notice of any hearings held on those regulations before those hearings are held, to the author of the statute, so long as the author is a Member of the Legislature.

Section 11017.6 requires every state agency responsible for implementing a statute which requires interpretation pursuant to the APA to prepare, by January 30 of each year, a rulemaking calendar for that year. The rulemaking calendar must be prepared in accordance with a format specified by the office, approved by the head of the department or, an appropriate officer, and published in the California Regulatory Notice Register. 

However, the preparation of the rulemaking calendar does not preclude adoption of a regulation that is not included in the rulemaking calendar, but which is required by circumstances not reasonably anticipated at the time that the rulemaking calendar is prepared. Also, the rulemaking calendar must consist of two schedules specified in this section.

Section 11018 requires every state agency which is authorized by any law to conduct administrative hearings to nonetheless comply with state laws relative to the furnishing of language assistance at the hearing.

Section 11018.5 requires the Bureau of Real Estate to provide on the internet information regarding the status of every license issued by that entity in accordance with the California Public Records Act, including information relative to suspensions and revocations of licenses issued by that state agency and other related enforcement action taken against persons, businesses, or facilities subject to licensure or regulation by a state agency.

Section 11019 allows any department or authority to, upon determining that an advance payment is essential for the effective implementation of a program within the provisions of this section, and to the extent funds are available, advance to a community-based private nonprofit agency with which it has contracted, pursuant to federal law and related state law, for the delivery of services, not to exceed 25% of the annual allocation to be made pursuant to the contract and those laws during the fiscal year to the private nonprofit agency.

Section 11019.1 expresses the intent of the Legislature to establish a new pilot program to explore possible improvements to the state’s existing advance payment practices for state-funded local assistance grants. The following terms are defined: “administering state agency,” “recipient entity,” “recipient state agency,” “state agency”

Section 11019.3 expresses the intent of the Legislature to improve and expand the state’s existing advance payment practices for state grants and contract with nonprofits. The following terms are defined: “administering state agency,” “recipient entity,” and “state agency.”

Section 11019.6 provides, if a principal agency is not designated by statute, a principal state agency is designated by the Governor for the coordination of procedures, forms, and deadlines in every area of regulatory activity under the state’s jurisdiction, as determined by the Governor. All other state agencies defer to the principal agency in the performance of their duties in a particular regulatory area, or upon a particular project, with respect to procedures, forms, and deadlines, but not with respect to any other area of authority.

Section 11019.7 prohibits any state agency from sending any outgoing United States mail to an individual that contains personal information about that individual, such as the individual’s social security number, telephone number, driver’s license number, or credit card account number, unless that personal information is contained within sealed correspondence and cannot be viewed from the outside of that sealed correspondence. However, a state agency is prohibited from sending any outgoing United States mail to an individual that contains the individual’s social security number unless the number is truncated to its last four digits, except in the specified circumstances.

Section 11019.8 encourages and authorizes all state agencies to cooperate with federally recognized California Indian tribes on matters of economic development and improvement for the tribes. In addition, cooperation by state agencies with federally recognized California Indian tribes may include: providing information on programs available to assist Indian tribes; providing technical assistance on the preparation of grants and applications for public and private funds, and conducting meetings and workshops; and, any other steps that may reasonably be expected to assist tribes to become economically self-sufficient.

Section 11019.81 states that this section may be cited as the Government-to-Government Consultation Act. The following terms are defined: “agency action,” “federally recognized tribe,” “tribal implications,”

Section 11019.8 requires each state department and state agency to enact and maintain a permanent privacy policy. Each state department and state agency are required to conspicuously post its privacy policy on its Internet Web site. The privacy policy is required to include specified principles.

Section 11019.10 prohibits any automatic increases to be provided to the University of California, California State University, the state courts, or to state agency operations, including, but not limited to, annual price increases to state departments and agencies.

Section 11019.11 provides that, for every state agency that requests on any written form or written publication, or through its internet website, whether a person is a veteran, that agency is required to request that information only in the following format: “Have you ever served in the United States military?”

Section 11019.12 requires specifies agencies to include all of the specified data on any intake or application form at the next scheduled update of their intake or application forms. In addition, each agency is required to transmit to the Department of Veterans Affairs all of the specified information, if provided, regarding each person who identified that they, or their spouse, legal partner, parent, or child, served in the Armed Forces of the United States since the last data transfer and consented to be contacted about military, veterans, family member, or survivor benefits. Ten specified agencies are required to abide by the requirements of this section.