How a Nominal Appropriation Can Make a Budget Trailer Bill

How a Nominal Appropriation Can Make a Budget Trailer Bill By Chris Micheli

            When we think of the bills included in a budget deal, we think about the Budget Bill, two or three Budget Bills Junior, and multiple budget trailer bills. How are they all intertwined and how much appropriating needs to take place in these bills?

            First, what does the law say? The California Constitution, in Article IV, Section 12(e), provides:

 

(e) (1) Notwithstanding any other provision of law or of this Constitution, the budget bill and other bills providing for appropriations related to the budget bill may be passed in each house by rollcall vote entered in the journal, a majority of the membership concurring, to take effect immediately upon being signed by the Governor or upon a date specified in the legislation. Nothing in this subdivision shall affect the vote requirement for appropriations for the public schools contained in subdivision (d) of this section and in subdivision (b) of Section 8 of this article.

(2) For purposes of this section, “other bills providing for appropriations related to the budget bill” shall consist only of bills identified as related to the budget in the budget bill passed by the Legislature.

            Second, the definition of “other bills proviing for appropriations related to the budget bill” is key. Those budget trailer bills need an appropriation and must be “identified as related to the budget” in the Budget Bill. This means that these bills are listed by number in the actual Budget Bill.

            Third, here are two recent examples from budget trailer bills in September 2025:

 

SEC. 11. The sum of one thousand dollars ($1,000) is hereby appropriated from the Air Pollution Control Fund to the California Air Resources Board for the 2025–26 fiscal year. These funds shall be used for the Transport Refrigeration Unit Program.

SEC. 12. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

 

SEC. 3. The sum of ten thousand dollars ($10,000) is hereby appropriated from the General Fund to the Franchise Tax Board to administer qualified wildfire disaster settlements pursuant to Sections 17138.7 and 24309.2 of the Revenue and Taxation Code.

SEC. 4. This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.

            In the first example, a mere $1,000 appropriation was placed in the bill. In the second example, the appropriation was just $10,000. Even though the state Budget Bill contains nearly $300 billion in spending, these examples demonstrate that the amount does not matter, only that an appropriation of some amount be made.

In addition, in both examples, the same form language used, that the particular bills are bills providing for appropriations related to the Budget Bill, and that is has been identified as related to the budget in the Budget Bill.

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