SECTIONS 12110-12117 - California Statutes

EDUCATION CODE

SECTION 12110-12117

12110. The State Department of Education is hereby designated as
the California State Agency for Donated Food Distribution.

12111. The California State Agency for Donated Food Distribution is
authorized and directed to cooperate with the federal government and
its agencies in securing the expeditious and equitable distribution
of surplus food commodities donated by the federal government to
public agencies, institutions, and organizations in California, to
assist those public agencies, institutions, and organizations in
securing those food commodities and to do all things necessary to the
execution of its powers and duties.
The state agency may enter into cooperative agreements with
federal agencies to assist it in carrying out the purposes of this
article.

12112. Whenever by any act of Congress or any rule or regulation
adopted thereunder the agency is authorized to accept, receive, or
purchase for resale from the federal government or any agency
thereof, or any state agency at the request of, and with the approval
of, the Department of General Services, any food commodities and to
provide for its disposition or resale, it is authorized to do so and
is vested with all necessary power and authority to accomplish the
acceptance, purchase, receipt, disposition and resale. The agency is
hereby exempted from Article 2 (commencing with Section 14790) of
Chapter 6 of Part 5.5 of Division 3 of Title 2 of the Government
Code.

12113. (1) The California State Agency for Donated Food
Distribution in providing for the disposition of food commodities
shall require the payment of such charges by the parties to whom food
commodities are transferred as the agency estimates will reimburse
the agency for the average costs of procuring, storing, handling, and
disposing of those food commodities. All moneys received by the
agency for charges under this section or its predecessor shall be
paid into the State Treasury to the credit of the Donated Property
Revolving Fund. The agency may reduce or eliminate charges on donated
food commodities found not to be usable for the purpose for which
procured. Any moneys found by the agency to be in excess of the costs
incurred in procuring, storing, handling, and disposing of donated
food commodities may, upon approval of the Department of Finance, be
refunded to the parties from whom the moneys were received. Moneys
refunded to the state agencies specified in subdivision (2) of this
section shall be deposited in the State Treasury as provided in that
subdivision.
(2) Notwithstanding any other provision of law, (a) the State
Department of Education, acting for state agencies supported
principally from the General Fund, and (b) state agencies supported
principally from a special fund of the State Treasury, shall deposit
refunds received under subdivision (1) of this section to the credit
of the state fund from which the state agency receives its principal
support. The Department of Finance shall determine the fund from
which the state agency receives its principal support.

12114. Notwithstanding any other provision of law, any party
receiving surplus food pursuant to this article which elects to take
direct delivery thereof from the federal government shall be required
to reimburse the agency only for the actual cost to the agency of
processing the documents relating to each such direct delivery of
surplus food. Any party electing to take direct delivery must
demonstrate that party's capability for the proper storage and
distribution of the surplus food in accordance with regulations
adopted by the Superintendent of Public Instruction.

12115. There is hereby created in the State Treasury the Donated
Food Revolving Fund. The State Department of Education shall identify
all assets in the Surplus Property Revolving Fund. The assets shall
be separated by the State Department of Education into those assets
which pertain to the Surplus Personal Property Program and those
assets which pertain to the Donated Food Program. The unencumbered
assets pertaining to surplus personal property will be transferred to
the Department of General Services and deposited in the Surplus
Personal Property Revolving Fund. The cash resources of the Donated
Food Program shall be deposited into the Donated Food Revolving Fund.
All costs of the California State Agency for Donated Food
Distribution, including, but not limited to, costs of procuring,
transporting, shipping, and storing surplus property or food
commodities of the federal government or other agencies or
individuals and its distribution to public agencies and other
eligible institutions and organizations, costs of general assistance
and real property procurement, and costs of consultant and contract
services, shall be paid from this fund. The Donated Food Revolving
Fund shall be reimbursed from the support appropriation for the
agency for costs of general assistance and real property procurement
in accordance with Sections 11251 and 11252 of the Government Code.
The Surplus Property Revolving Fund shall cease to be a fund in the
State Treasury when notification is received from the State
Department of Education, verified by the Department of Finance, that
all balances in the fund have been reduced to zero.

12116. The California State Agency for Donated Food Distribution
may send representatives out of this state for the purpose of
inspecting food commodities or conferring with federal and other
state officials, provided the traveling and expenses have been
approved by the Governor and by the Department of Finance. The
out-of-state travel shall not come within the limitation imposed in
Section 33335 or 71049.

12117. (a) The State Agency for Donated Food Distribution may,
without at the time furnishing vouchers or itemized statements, draw
from the Donated Food Revolving Fund for use as a departmental
revolving fund either of the following:
(1) A sum not to exceed thirty thousand dollars ($30,000).
(2) With the approval of the Department of Finance, a sum in
excess of thirty thousand dollars ($30,000).
(b) Any moneys withdrawn pursuant to subdivision (a) may only be
used, in accordance with law and the California Victim Compensation
and Government Claims Board rules, for payment of compensation
earned, traveling expense, traveling expense advances, or where
immediate payment is otherwise necessary. All disbursements from the
revolving fund shall be substantiated by vouchers filed with and
audited by the Controller. From time to time, disbursements,
supported by vouchers, may be reported to the Controller in
connection with claims for reimbursement of the departmental
revolving fund. At any time upon the demand of the Department of
Finance or the Controller, the revolving fund shall be accounted for
and substantiated by vouchers and itemized statements submitted to
and audited by the Controller.