2023 California Code › Health and Safety Code - HSC › DIVISION 103 - DISEASE PREVENTION AND HEALTH PROMOTION › PART 3 - RISK REDUCTION › CHAPTER 1 - Tobacco Control › ARTICLE 1 - Tobacco Use Prevention › Section 104380.

104380. (a)  Funds appropriated to the department for local lead agencies for purposes of this article shall be allocated prospectively, on a quarterly basis in accordance with this section.
(b)  No local lead agency shall be allocated less than one hundred fifty thousand dollars ($150,000).
(c)  (1)  Except as provided in subdivision (b), counties not listed in subdivision (d) shall receive an allocation based on each county’s proportion of the statewide population.
(2)  Counties that receive their allocations pursuant to paragraph (1) shall receive 73 percent of their 1990–91 fiscal year allocation.
(d)  Except as provided in subdivision (b), the balance of the funds after the allocation contained in subdivision (c) have been made, shall be allocated to the following specified counties in accordance with the following percentages:
COUNTY
ALLOCATION
Alameda
4.7427%
Contra Costa
1.8032%
Fresno
2.6855%
Kern
1.7083%
Lake
0.1826%
Los Angeles
43.8057%
Mendocino
0.2664%
Merced
0.7244%
Monterey
1.2937%
Orange
5.1382%
Placer
0.3697%
Riverside
3.1828%
Sacramento
3.2922%
San Bernardino
3.7972%
San Diego
5.9971%
San Francisco
5.3898%
San Joaquin
1.7413%
San Luis Obispo
0.8096%
San Mateo
1.4582%
Santa Barbara
0.7918%
Santa Clara
5.2450%
Santa Cruz
0.7709%
Stanislaus
1.2793%
Tulare
1.3768%
Ventura
1.5472%
Yolo
0.6004%
(e)  Except as provided in subdivision (b), the allocation for those counties in which a city health department which is a local lead agency as defined by subdivision ( l) of Section 104355 is located shall be apportioned among the local lead agencies in that county based on their jurisdiction’s proportionate share of the countywide population.
(f)  Reductions in allocations necessary to comply with subdivision (b) shall be distributed among the counties listed in subdivision (d) proportionately based on the table contained in subdivision (d).
(g)  The department shall use population estimates for 1989 for each county and for each city as specified in the Department of Finance E-1 Report.
(h)  Payments shall be made prospectively, on a quarterly basis, to local jurisdictions.
(i)  (1)  The department shall conduct a fiscal and program review on a regular basis.
(2)  If the department determines that any county is not in compliance with any provision of this chapter, the county shall submit to the department, within 60 days, a plan for complying with this article.
(3)  The department may withhold funds from local lead agencies allocated funds under this section that are not in compliance with this chapter in the same manner as the department is authorized under Chapter 5 (commencing with Section 16940) of Part 4.7 of Division 9 of the Welfare and Institutions Code. The department may terminate the agreement with the noncompliant local lead agency, recoup any unexpended funds from the noncompliant local lead agency, and reallocate both the withheld and recouped funds to provide services available under this section to the jurisdiction of the noncompliant agency through an agreement with a different governmental or private nonprofit agency capable of delivering those services based on the department’s local lead agency guidelines for local plans and a process determined by the department. The department may encumber and reallocate these funds no sooner than three months after the date of the first notification that the department has determined the local lead agency to be out of compliance with statutory requirements.
(Amended by Stats. 1997, Ch. 294, Sec. 7. Effective August 18, 1997.)