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HomeMy WebLinkAboutLetter from Senator Aanestad 06.23.08 - Governor's revisions a SENA FOR SAM AANESTAD F , )lNrtI si r•,AIAS_ Dlsr June 2;j„ 2oo8 1 lonorable Curt Josiassen, Chair CountN, of Butte 25 County- Center Drive Orm ille, CA 95965 Deal' Curt : Attached please find a cope of the Highlights and Analysis of the Governor's May Revision of the 2008-09. This document sti n narizes as Well as prol'ides detailed information on the budget we are currently, working on in Sacramento. As a leader in Four communitN-, I thought this would be beneficial in understanding the information the Legislature is using to work through the budget process. Thank N'ou for serving the citizens of- the C.oLmtZ' of Butte . As always, if there is ever anything we can assist N'ou with, please do not hesitate to call. B st 1Zeg, ds, SAM AANLSTAI) Senator, Fourth District I . F, J -- Highlights and Analysis of the Governor's May Revision of the 2008-09 F rr ; h Budget CALIFORNIA Senate Republican Caucus 'i OF Senator Sam Aanestad 4th Senate District Table �� Contents . ���.&� ��o EXECUTIVE St MMARN --------------------------------------------------.| [XPLN|N[\KES........................................................................................................................................... ..........................5 LO IT AN0|tXPLAN----------- ....................................... ........................................................................ o GENERAL [[N|) REVENUE y()u[<'AS[-- .................................................................................................................. h S|ATE%Q>E DEBT------ ............................................................................................................................................. H ED[('1TUAN-------------------...................................................................................................................Y U|G]{EN E|vUCUTNN---- ...........................................................................................................................................| | HEALTH AND 8lnHAN SERVICES...................................................................................................................................|2 HEALTH-------------..........................................................................................................................................|3 HCAt%N SERVICES--------------- .................................................................................................................|h TRANSPORTATION----.—.............................................................................................................................................|Y RESOURCES, ENVIRONMENT AND ENERGY--------- .................................................................................D yiBi|CSA[[[y AND JUDICIARY -------------------------------------------22 DEPARTMENT 0[(Y>NKE{]l )NHAND BEDAUm]|'AllwN-------..............................................................23 S[.A[E\\|UL iSS[ES............................................................................................................................................................Z5 GE NEKALG0VE R NnItNl.................................................................................................................................................. h ATTACHMENT \ ---_---.----.------'-------------------------------- U 4m SENATE K|WUQ|CT STAFF ASSUCNVIENlN—. .......................................................................................................U r Budget Briefs SENATOR SAM AANESTAD I � ° 4' Senate District Ti hli hts and Analysis of the Governor's May �'CALIFlORNIAldt �i� Revision Republican CauCUS May 16, 2008 Executive Summary The 2008-09 May Revision echoes the deterioration of the state and national economy. Weakness in the housing market, sluggish job growth, and smaller gains in personal income have combined to significantly worsen the economic outlook and expand California's structural deficit. As projected by the Governor, the $14.5 billion General Fund shortfall that existed at the time the Governor's January Budget was released has now grown by $7.6 billion. The Governor has proposed a myriad of solutions to bring the budget into balance, and many of them are unpleasant. For Republicans there are many proposals that will require serious consideration and deliberation. There are objectionable spending reductions, fee increases, and borrowing proposals, but the most controversial proposal is a plan to modernize and securitize the state lottery coupled with a possible sales tax increase trigger (see page 6). The following chart summarizes the scope of the problem as defined by the Governor, and his proposed solutions. Table 1 Summary of the Governor's Plan (Dollars in millions) Scope of the Problem At Governor's January Budget -$14,479 Plus New May Revision Workload Costs -$7,594 Plus New May Revision Policy Costs -$195 A common criticism Plus Proposed Reserve Amount -$2,009 has been that this is `' Total Projected Deficit(BY and CY) -$24,277 an "all-cuts` budget, �4" Minus Special Session Solutions $7,043 but it is clear that t Remaining Deficit at May Revision -$17,234 nearly ha/f(48°/a) Proposed Solutions of the solutions are " Governor's January Revenue Solutions $5,499 revenue related. Minus Adopted Special Session Solutions -$3,559 May Revision Revenue Solutions $6,190 I Total Revenue Solutions $8,130 Governor's January Expenditure Solutions $10,451 Minus Adopted Special Session Solutions -$3,484 May Revision Expenditure Solutions $2,137 Total Expenditure Solutions $9,104 Operating Deficit with Proposed Solutions $0 I � Major Tax Increase L/nneoessary — Based on certain conditions, the Governor proposes a one-percent sales tax increase that could generate $6 billion of new revenue (assuming it does not further damage an already fragile economy). The tax would be triggered if voters do not approve a ballot initiative to modernize the state lottery. Hovvevor, responsible spending coupled with o prudent use of existing underutilized fund sources and assets (og surplus property, Mental Health Services Fund. First 5hunds). and common sense reforms for education, state Qovernrnent, and economic stability already proposed by Republicans vvnu|d better serve the people of California. � Maximize the LWttery — The May Revision assumes the availability of $15 billion of "Lottery Bond" proceeds over n throe year period (roughly $5 billion per year) if m constitutional amendment to modernize the lottery and make it more efficient and profitable is approved by voters. Unfnrtunato|y, this appears to be another temporary Ox to an ongoing structural problem that will eventually bring about the return of the structural operating deficits that Republicans have been trying ineliminate. (See Lottery section unPage 6.) � Operating Deficit Scenarios — Depending on a variety of factors such as the amount of real ongoing spending reductions and the success or failure of the Governor's budget roh)rrn proposal, the level of operating deficits will vary. It appears that under any scenario the Governor's May Revision plan will not permanently solve the problem. The "workload" deficit reflects state spending absent any proposed solutions. The other two scenarios assume all of the Governor's revenue and expenditure solutions are Gdopted, but one also assumes the Governor's budget reform proposal isapproved todiminish the deficit. Chart � Operating Deficit Comparison � (Dollars in millions) � $5.000 � . � $O � � | � <$5.000 -$10,000 -$15.00O � . � � -$20.000 � 2007'08 2008-03 2009-10 2010-11 2011'12 � m0peoting Deficit (Workload) nOperating Deficit (Absent Budget Reform) b]Operating Deficit (As oumingBudget Reform) � � Key Points (Continued): , Expenditures On the Rise — Absent the $12.6 billion of expenditure "solutions" (spending peductiono, fund shiKn, deharra|e, etc.) proposed by the Governor. state General Fund spending would soar past $113 billion im20O8-08. which isnearly $1Obillion higher than the current fiscal year. Even with the Governor's spending reductions the proposed expenditures are more than $25 billion higher than just five years ago. There should be no doubt that California has aserious spending problem. (Seo Expenditures section on Page 5.) Spending Increases by Agency Over the Past Five Years (Dollars in millions) 2003-04 to 2008-09 AGENCY 2003-04 2008-09 Change % change Legislative, Judicial, Executive $ 2,544 $ 3,792 $ 1,248 49.1% State and Consumer Services $ 462 $ 566 $ 104 22.5% Resources S 950 S 1,624 $ 674 70.9% Health and Human Services S 22,762 S 29,800 $ 7,038 30.9% K-12 Education $ 29333 S 41,145 $ 11,812 40.3% Higher Education $ 8,780 S 11,758 $ 2,978 33.9% Labor& Workforce Development $ 113 S 97 $ (16) -14.2% Vehicle License Fee Offset S 3,125 S - (3,125) -100.00% ~ Includes $O.1Billion of(]Ffor VLF Backfill � Underlying Revenue Growth /s S/nmobh — The May Revision projects revenues will grow by over 6 percent in 2007-08 and nearly 2 percent in 2008-09. This assumes the adoption of several proposals that would better be characterized as borrowing rather than true revenue. Adjusting the Governor's revenue projections to bettor reflect underlying revenue growth it appears that they are relatively flat ($982 billion in 2007-08 and $95.5 billion for 2008-09). Unfnrtunate|y, revenues simply cannot keep pace with the souring expenditure grovvth, and previous overly optimistic revenue projections are not holding up under the current economic conditions. (3mo Revenues sec//on on page 0 ) ] Key Points (Continued): Education Spending Increases - Funding for K-12 education gets relatively generous treatment in this lean budgetary environment, rising to $50.4 billion. From 2003-04 to 2008-09, K-12 Proposition 98 spending will have grown by over $8.5 billion, while average daily attendance has fallen by over 50,000 students (see chart below). Some will argue that even this is inadequate, but ask them to explain why an $8.5 billion increase is not sufficient to support a quality education to a shrinking student population. Chart 2 Prop 98 Spending Increases While Average Daily Attendance Falls $60.0 -- — — — 6,000,000 $50.0 5.980,000 $40.0 5,960,000 $30.0 5,940,000 $20.0 5,920,000 $10.0 5,900,000 $0.0 — —._ --- 5,880,000 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 —K-12 Prop 98 Spending K-12 avtg daily attendance ' 4 Expenditures u_ ~ures The May Revision proposes to increase General Fund expenditures for the 2007'08 Deoa| year by $1.3 billion (about 1 percent) compared to the 2007-08 Budget Aut. Even after special session reductions - it is still growing. Sirni|ar|y, despite over $2 billion of new expenditure "solutions," 2008-08 expenditures still grow by $838million (about 1 percent) over the Governor's January Budget proposal. It is important to recognize that, despite much angst over massive spending neductinns, the true year- to-year decline eapto-yoordec|ine in spending is about 1,0 percent ($17 biUion), and even less if compared to the 2007 Budget Act ($500 million or less than 0.5 percent). This in a very different story than the "draconian" 10'percentocnnss-the'boendreductions. Table General Fund Expenditures by Agency 2007 2007-08 May Agency Budg t Act Revise Change % change Legislative, Judicial, Executive $3,792 $3,920 $128 3% State and Consumer Services $577 $598 $21 4% Business, Transportation & Housing $1,567 $1,502 -$65 4% Resources $1,674 $1,877 $203 12% Environmental Protection $90 $89 _$1 _1% Health and Human Services $29,719 $29,726 $7 0% Corrections and Rehabilitation $9,836 $10,173 $337 3% K-12 Education $41,341 $42,507 $1,166 3% Higher Education $11,980 $11,819 -$161 _1% Labor and Workforce Development $103 $105 $2 2% General Government $1,579 $1,227 -$352 -22% Totals $102,258 $103,543 $1,285 1% 2008-09 Governor's 2008-09 May % Agency Budget Revision _ Change change Legislative, Judicial, Executive $3,787 $3,792 $5 0% State and Consumer Services $608 $566 -$42 -7% Business, Transportation & Housing $1,680 $1,635 -$45 -3% Environmental Protection $86 $88 $2 2% Health and Human Services $29,298 $29,800 $502 2% Corrections and Rehabilitation $10,268 $10,139 -$129 _1% Higher Education $11,699 $11,758 $59 1% Labor and Workforce Development $98 $97 _$1 _1% General Government $2,407 $1,192 -$1,215 -50% Totals $100,998 $101,836 $838 1% 5 Lottery and Tax Plan The Big Spin The May Revision includes a proposal that would place before the voters a November 2008 ballot initiative that would "modernize" the California Lottery in order to securitize revenue (ie., sell the rights to a portion of the future revenue stream from the Lottery for cash upfront) neou|dn0 from G speculative improvement in the performance of the lottery. The details of this proposal are not yet ovai|ab|e, but it appears that the enhanced profitability of the lottery in expected to be generated from increased advertising and new games currently not permitted. The Department of Finance has indicated that video lottery terminals would not be included as part of the enhanced lottery experience. This plan to securitize the lottery in projected to result in $15 billion of revenue over three years (roughly $5 billion per year) to be deposited in @ newly created Revenue Stabilization Fund (RSF) Of this amount, $5.1 billion would be transferred to the General Fund as revenue for 2008'09. The balance would be used to support ongoing state General Fund expenditures through 3010-11 // /S not clear how the state would maintain those ongoing program costs after the lottery proceeds are spent, but it seems 0Yek/ the rasm// would be m $5 b/8/mn budget hole. The "Fail Safe"/Tax Increase Trigge Since the ability to balance the state budget for the next three yearn would be dependent upon the lottery proceeda, which in turn vvVu|d be dependent upon voter approval and VV8|| Street investors. the Governor proposes a back-up plan that includes a tax trigger if the lottery plan does not come to fruition. Specifically, the Governor proposes a temporary 1 percent ($'OM s@/es tax increase. Some estimates suggest this tax increase could generate $6 billion of new General Fund revenue. Huvvevor, given the potential Of such a tax increase to stifle economic activity, it is possible that the $O billion estimate is significantly overstated. According to the Administration, this ''trigger" is similar to the mechanism established by Chapter 10. Statutes of 1883, which was signed into |avv by Governor Deukmejian. Under this mechanism, the Director of the Department of Finance would determine whether RSF hos o sufficient balance for transfer to bring General Fund revenues up to o projected long-term average of General Fund revenue growth. If the RSF balance is insufOoient, a temporary one-cent ($.01) sales tax increase would be triggered. The triggered increase vvOu|d remain in effect until the RSF reaches the targeted fund balance (15 percent of General Fund tax revenues) or until June 30. 2011. whichever occurs first. Once this mechanism is no longer in effeot. Californians may eventually receive tax rebates that in the aggregate will be equal to the amount of revenues cO||8cted, but it is not clear if or when such rebates would ever occur. The Administration hes not provided detail regarding potential tax rebates, an that would be left uptothe Legislature. General Fund Revenue Forecast The Department of Finance continues to paint a positive picture, forecasting positive revenue growth in 2007-08 and 2008-09. even though it has announced a $8.0 billion decrease in the General Fund revenue projection. For the current year (2007-08). the May Revision estimates that revenues have grown to $101.2 billion or 6.1 percent over 2006-07. For 2008-09. the May Revision estimates revenue growth Vf$1 O billion (1.8 percent) over 2007-08. 6 ffow/ever, the May Revision numbers for both the cunard year and budget year are higher than underlying revenue growth. ~ Current year revenue estimates include $5.0 billion that is not true General Fund revenue, including $3.3 billion from the oa|c of remaining Economic Recovery Bonds. $1.5 billion that would be transferred to the General Fund from the Budget Stabilization Account (rainy day fund), and a $175million accrual tothe current year. , Budget year revenues include nearly $7,5 billion of borrowing, including 851 billion of "Lottery Bond" proceeds, $574 million of loans from various special funds. $75 million of special fund tnansfors, and a $1.6 billion accrual tothe budget year. When we remove "revenue" so|uhons, current year revenues are projected to be $96.2 biUion, vvNnh is an increase of $795 million (0.8 percent) above the 2006-07 revenue level of $95.4 billion. Without ''rovonuo^ ao|utions, budget year revenues are projected to be $05.5, which is e decrease of $G73million (minus O.7percent) from 2OO7-08 The following chart provides a breakout of underlying General Fund revenue projections, after adjusting the Administration's projections to remove ''revenue solutions" that are not truly General Fund revenue. Table General Fund Revenue Projections (dollars in millions) Revenue Source 2006-07 2007-08 2008-09 Personal Income Tax $51,941 $54088 S53,733 Sales & Use Tax $27.445 $27,100 S27,361 Corporation Tax $117158 $10,135 $11,039 Insurance Tax $2.178 S2,171 $2,029 Alcoholic Beverage Tax S334 $334 $341 Cigarette Tax S115 $114 $114 Other Revenues $2,261 $6.036 S2,534 Transfers _$19 $1,212 S5,836 Total Revenue $95,413 $101,190 $102,987 Govemor's Growth Rate 6.1% 1.8% Governor's Revenue Solutions $4,982 S7,452 Underlying Revenue Growth $95,413 $96,208 $95,535 Underlying Growth Rate 0.8% -0.7%1 General Fund revenues and transfers represent 70.8 percent of total state revenue and the ''Big 3^ state taxes (Personal |ncVrnc Tax. Sales and Use Tax, and Corporations Tax) account for 89.5 percent of all General Fund Revenues. Estimates of General Fund revenue for 2008-09 include the following main components: , Personal Unoonna Tax (PUT)--$53.7 Billion. PIT revenues represent 52.2 percent of all General Fund navenues, and are forecasted to be $53.7 billion in 2009'09. down 05 percent from $54.1 billion in 2007-08 and down $2.7 billion from the Governor's Budget estimate of $56.5 billion. The PIT fmnncmmt continues to include u questionable one-time acceleration of $1.3billion from bringing the tax revenue accruals into conformity with Generally Accepted Accounting Principles. ~- Sales 2k Use Tax (SUT)--$27.4 Billion. SUT revenues provide 28.6 percent ofall General Fund revenuoo, and are forecasted to be $274 billion in 2008-08. up 1.0 percent from $27.1 billion in 2OO7-OOand down nearly $1 9biUionfronnthmGovornor'sBud8mtostirna(eof $292bi||ion 7 � Corporation Tax (CT)--$11.0 Billion. CT revenues are expected to contribute 10.8 percent of all General Fund nrvenuos, and aro forecast to be $11 billion in 2008-09. up 8.9 percent from $101 billion in 2007-08 and down by nearly $900 million from the Governor's Budget estimate of $11.S billion. The CT forecast also continues to include questionable one-time accelerations of $175 million in 2007-08 and 8525 million in 2008-09 from bringing the tax revenue accruals into conformity with Generally Accepted Accounting Principles. PropertV Tax Growth MistorioaUy, property taxes have been a very stable source of revenue for local governments, and |Vco| government property tax revenues grew quite significantly beginning in 2000-01 However. given the current conditions in the real outaka market, the May Revision reflects @ combined $839.1 million decrease to property tax revenue esUnnahne over 2007-08 and 2008'09 As 8 result of this decreased property tax revenue, the May Revision increases General Fund spending by $252 million in 2007-08 and $O77million in2008-O9tomeet Proposition 98requirements. Statewide �� ��� ����� The state continues to face significant debt issues related both to existing General Obligation dab1, budgetary solutions debt, and proposed new General Obligation debt. As noted be|ovv, prior to current year the state would have had approximately $20.0 billion worth of debt related to prior year borrowing solutions and other General Fund obligations. In addition. approximately $42.2 billion worth of General Obligation bonds (authorized between 1970 and 2004) are currently outstanding. Beginning in 2008-09. the {3enarm| Fund is obligated to more than $02.7 billion of debt, and the May Revision proposes topay nearly $O.5billion toretire that debt. Table Statewide Debt (Dollars in Millions) Existing Debt Budgetary Debt Solutions Debt New Debt Payments Economic Recovery Bonds $6,055 $3,313 $1,527 Tobacco Securitization Bonds $7,752 Proposition 42 Loans $655 $83 Non-education Mandate Prnts S739 ($75) Special Fund Loans $749 $574 $32 Prop 98 Settle-up $1,101 $150 CTA Lawsuit Settlement $2,384 $450 Paterno Lawsuit Settlement $278 $62 Tribal Gaming Bond $871 $100 Lottery Bonds $15,000 Total $20,583 $18,887 $2,403 Infrastructure Bonds $42,152 $11,000 $4,038 Total Debt $62,735 $29,887 $6,4411 In comparing this chart to the debt obligations as of the Governor's Budgei, we note three significant changes (highlighted inred) that will increase the state's budgetary debt obligations. The May Revision proposes to: 8 � Delay a $75 million payment on prior year obligations for ekaks mandated local programs. According to Proposition 1A and related statutns, the state must pay rnondahm obligations incurred prior to 2004 within 15 years. ~ Borrow $574.3 million from various special funds. To qualify as a loan nphnn, funds were required in have at least $5 million nasorvn, show that there vvnu|d be no impact on supported prograrns, fen increases would not be naquinod, and no repayment would be needed prior to 2010'11 (See Attachment/\ for acomplete listing nyborrowing Sou/ccs.) � Borrow $15 billion by securitizing the proceeds of modernized |oUory. The May Revision proposes to securitize future revenues resulting from the improved performance of the |oMery, to be deposited in a new Revenue Stabilization Fund At this time we do not have exact debt service figures related to securitizing the |ottnry. However, we estimate that borrowing $15 billion (at a 5 percent interest rate) would require principal and interest payments of approximately $1 billion annually to fully repay the lottery securitization by 2033-34 (25 years). Education�~ on Governor withdraws his proposal to suspend Proposition 98. The Governor proposes to maintain 2007-08 Proposition SO spending at the post-special-session level of $56,6 bi||ion, which is about $000 million above the minimum guarantee. For 2008-09, his January proposal to provide $55.6 billion rises in the May Revision byover $1 1 billion, to $56.8 bi||ion, which under his revenue assumptions equals the nninirnurn guarantee and thus would not require a suspension. Under the May Revision proposal, year-over-year Proposition 98 spending would rise byroughly $2OO million from 2007-08 to 2008-09 (although total spending, including one-time funds, would fall by about $800 million). The table hm|ovv details the changes in proposed Proposition 98 funding and estimated per-pupil expenditures between the Governor's January Budget and his May Revision. Table Proposition 98 and Per-Pupil Funding 2007-08(S in billions) Jan 10 Budget May Revision Difference Proposed Prop 98 Funding $56709 $56,576 1 , General Fund $41.707 $41,827 $0,120 Local property taxes $15.001 $14.749 Minimum guarantee $55.652 $55.774 Over/underappropriation $1 057 $0.802 K-12 Prop 98 per-pupil funding $8,558 $8,509 K-12 total per-pupil funding $11,935 $11,997 2008-09 is in billions) Jan 10 Budget May Revision Difference Proposed Prop 98 Funding $55639 $56.769 $1130 General Fund $39593 $41.399 $1.806 Local property taxes $16.046 $15.370 Minimum guarantee $55639 $56.769 Over/underappropriation $0.000 $0.000 K-12 Prop 98 per-pupil funding $8,458'; $8,610 K-12 total per-pupil funding $11,626 $12,000 9 General purpose funding restored; most categorical reductions continue. The Governor spends most nfhis $1.1 billion augmentation to Proposition 98 programs on revenue limits ($840 million) and opoda| education (about $340 million). He continues to propose the same across-the-board cuts to other categorical programs aswere proposed in January. No COLA. The statutory COLA rate for K-14 education has increased from 4.94 percent in January to 5.86 percent in May- However, the May Revision continues the January proposal to suspend funding for the 2008-09 COLA. Tofully fund the C[)LA, in addition to the May Revision as presenbad, would require that the Legislature overappropriate the Proposition 98 guarantee by over $3 billion. Public Transportation Account (PTA) used for home-to-school transportation. Consistent with the recent court decision inthe case nfShaw u Chiang, the May Revision uses $593 million in PTA and "spillover" funding to reimburse the General Fund for home-to-school transportation cVsts, including those of the State Special Schools for the blind and deaf, thus creating General Fund savings ofthe same amount. This action has noeffect nnProposition S# spending nor onthe guarantee. Average daily attendance still indecline. The Administration estimates 2OO7-08ADA growth a1 -0.11 percent in May, up from '0.49 percent in Jenuary, u change of roughly 24.000 students. It continues topredict adecline in2OO8-09ADA of-O.52percent. Deferred maintenance reduced. Funding for deferred maintenance is reduced by $223 nni||inn, to roughly 840 nni||ion, which will be restricted to districts with hardship oremergency facility conditions. Local budgetary flexibility enhanced. To help school districts get through this lean budget year. the May Revision relaxes several ofthe usual operating restrictions. Specifically, it � Authorizes districts to transfer categorical funding into general purpose apportionments to the extent necessary to increase apportionments by two percent over the prior year. � Reduces the usual required three percent annual contribution to "restricted reserves for routine maintenance" 10two percent. �+ Allows for the transfer of unspent categorical funds to local unrestricted general funds where not otherwise prohibited by state or federal law. Increases allowable transfers between categorical block grants. �- Eliminates the local match requirement inthe deferred maintenance program. Reduces n*u*rva requirements so that districts can hold |oSS in reserve without incurring a "quo|ified^ or ''negutive" budget rating (indicating that a district may not or will not be able to meet future financial obligations). This flexibility will be useful at the local |eve|, but care should be taken to ensure that districts do not use it to reduce services to students to make room fordistrirt+wide salary increases. Child care. The May Revision includes the following adjustments to the Governor's January budget for child care programs administered bythe Department ofEducation: Replaces $25.5 million traditionally paid from the Temporary Assistance for Needy Families (TANF) reserve with Proposition 98funding � Provides $20 million for increased caseload in CalWORKS Stage 2 and Stage 3 child care Increases provider rates tO reflect regional market rates effective January 2009, but caps them atthe75mpVrCmnti|eofpriv@tenn8rketrmtes (inste@dVfthHourrentO5mparcenb|eC8p) School toci|dv arnar8mnoy repairs. Consistent with the settlement of the case ofEliazor Williams vs State ofCalifhn//e. the May Revision provides $100 million in Proposition 98 Reversion Account funds for emergency repair projects at schools whose students score in the lowest three deciles of the Academic Performance Index (located mostly inlow-income anaas\. Higher Education California Community Colleges. The May Revision includes several adjustments tothe Community Colleges' budQet, most notably including the following: , Adds $59million inreapprppriatedfunds along with about $Omillion inunexpected student fee revenue tobackfill the colleges' 2O07'ORproperty tax shortfall ~ Adds about $139million tPoffset falling property tax revenues in2OO8'09 ~ Adds 835.5 million to support enrollment growth of 1.87 percent, up from one percent in January � Adds G572.000 for a foster care training program to avoid the loss of$700,000 in federal matching funds, but leaves in place the January acpnss-tho'boe'd cuts tothe colleges' other categorical programs r Proposes categorical flexibility similar to that proposed for K-1 2 education, wherein the colleges could transfer funds between three part-time faculty programs and between five student services programs. University of California. The May Revision augments UC's General Fund budget by $98.5 rni||iVn beyond the amount included inthe January budget, thus holding its General Fund support level from year to year, at $3.26 billion. It also assumes that UC will raise student fees by the 74 percent already being considered by the UC Rogonts, but no highor. California State University. Similar to its proposal for UC. the May Revision augments CSU'n General Fund budget by $970 million beyond the January level, thus holding its General Fund support level from year to year, at $2.97 billion. Also similar to the UC proposa|, it assumes that CSU will raise student fees bythe ten percent already under consideration by the CSU Trustnes, but no higher. Student Financial Aid. The May Revision makes two major changes tothe budget nithe Student Aid Commission: r It deletes $80 rni||iVn in "p|ooeho|dor" funding provided in January for the Ca|Grant program to cover potential student fee increases beyond 7.4 percent at UC and ten percent at CSU. The Governor now anticipates that the haa increases will not exceed those pmrcmnteges, so the $8Omillion can bedeleted � It creates General Fund savings by using $223 million in federal TANF funding to fund Co|Grants, thus freeing up the same amount of Gmnmns| Fund to be used in satisfaction of federal TANF "maintenance of effort" requirements. This swap has no practical effect on Ca|Gnsntfunding and will betransparent tVthe students who receive the grants. EdFundsale deferred. In May 2007, the Governor proposed tosell the EdFundto reap oone-time benefit ofabout 81 billion. In January 2008, he lowered the estimated sale price to $500 million. The May Revision continues to score the sale at $500 rni||ion, but defers the anticipated receipt of funds until 2009-10. Health and Human Services The Governor's May Revision proposes expenditures of $29.8 billion General Fund for all of Health and Human Services in 2008-09. This represents on increase of $502 million over the Governor's January Budget, and an increase of$74 million, or 0.2 percent, above the revised 2007-08 level. The increased coats are primarily in Medi-Cal and social service ppognanns, and include increased Medi-Cal managed care rates ($192 rniUion) and decreased savings from the Governor's budget balancing reductions due k} the delay inenacting the reductions ($450 million). These increases are offset bysignificant new reduction proposals in |n'Horno Supportive Services (|HSS) and SS|/SSPthat vvVu|d save the state $489 million. Additionally, the May Revision proposes to reduce Medi-Cal services to certain immigrant groups (both legal and illegal) for savings of $87 rniUion, enact stricter onno||rnen1 processes for illegal immigrants for savings of $42 rniUion, and to reduce the allowable income level fora subset ofMedi-Cal recipients for savings of $31 million. Despite the various reduction proposals included in both the Governor's January Budget and the May Revision, Health and Human Services General Fund expenditures are still $4.5 billion above what they would have been had programs grown at the S@rnw rote as inflation and population since 1998-80. as shown in the chart below. Certain pnngrann3. such as Medi-Cal, Regional Centers, and |n-Horne Supportive Services continue tngrow atsignificant rates. The Governor's proposals bostem the growth within Medi-Cal and IHSS are encouraging Hovvevnr, it is essential that substantial programmatic reforms are enacted in 2008-09 as California cannot continue to sustain the growth in these programs. Chart Health and Human Services General Fund Spending (Dollars in billions) 1998- 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 99 00 01 02 03 04 05 06 07 08 09 General Fund Spending 1998-99 Expenditures Increased for Inflation/Population Growth * 7he208] 04Guneru/F-^mdrel7ec/xonc'//mexuvi/gr /broccroo//ocuxhoccuon/i\- (,D/ 6/8i/o) unJon6onrcd /eJe/o/fiscu/re/iof(,K566./ m///ion) /n the 3&/o\'Cal pro4nzm. Health Department of Health Care Services Medi-Cal The May Revision includes $37.2 billion ($13.9 billion General Fund) to fund the Medi-Cal Program, which reflects an increase of $1.2 billion ($316 million General Fund), or 3.3 percent, above the Governor's January Budget. Caseload is estimated to be 6.59 million beneficiaries, which represents an increase of 23,000 over the Governor's Budget and a decrease of 50,000 from the revised 2007-08 level. The increase in costs is primarily due to increased managed care rates ($192 million) and decreased savings from various budget balancing reductions due to delaying enactment of the reductions from March to July ($177 million). The May Revision proposes several additional program reductions, including limiting Medi-Cal benefits to legal and illegal immigrants, enacting stricter enrollment processes for illegal immigrants, and rolling back an eligibility expansion instituted in 2000. Despite these new proposals, the various reductions proposed as part of the Governor's January Budget, and the 10% provider rate reduction enacted as part of Special Session, Medi-Cal General Fund expenditures are still $2.1 billion above what they would have been had expenditures grown at the same rate as inflation and population since 1998-99 (see chart below). Chart 4 Medi-Cal General Fund Expenditures (Dollars in billions) Gap = $2.1 Billion $15 $14 $13 $12 $11 $10 $9 $8 $7 $g - - 1998- 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 99 00 01 02 03 04 05 06 07 08 09 General Fund Spending —+-1998-99 Expenditures Increased for Inflation/Population Growth The 2003-04 General Fund reflects one-time savings for accrual-to-cash accounting ($1 billion) and enhanced federal fiscal relief($566.1 million) in the Medi-Cal program. The May Revision contains several significant new proposals, including: New Benefit Limits for Immigrants. The May Revision includes savings of$86.7 million to reduce the level of benefits provided to new qualified immigrants (legal immigrants who have been in the country for less than five years) and Permanent Residence Under Color of Law immigrants (illegal immigrants whom the US Citizenship and Immigration Services are aware of but are not actively pursuing 1) deportation of). Cunerd|y, both immigrant groups recoivafuU'uoope Medi-Cal, and this proposal would nrduPo benefits hothe same level provided to undocumented innnnignants, which includes ornorAenry scn/icns, pregnancy-related services, long-term caro, and breast and cervical cancer treatment. Better Enforcement mfEligibility Requirements for Illegal Immigrants. The May Revision proposes to limit eligibility for illegal immigrants tothe month inwhich emergency sen/ices are needed for savings of $42 million General Fund. Federal |avv requires states to provide emergency services to illegal immigrants, while California |uvv further aUnvvs illegal immigrants to receive pregnancy-related services, long-term uaro, and breast and cervical cancer treatment. Under current Medi-Cal ru|oS, i||e0u| immigrants can establish eligibility at any time, regardless of whether they are in need of emergency sarvices, and can receive restricted-Medi-Cal for u year from the date of application. The Administration believes that limiting eligibility to the month in which emergency services are received will better ensure that illegal immigrants do not receive services which they are not entitled to. Rollback Recent Eligibility Expansions. The May Revision includes savings of $31 million General Fund as 8 result of rolling back the allowable income level for 1931(b) applicants from 100% of the federal poverty level (FPL) to the Ca|VV(}RK8 |eve|, which is approximately 68% FPL, and reinstating the 1OOhour work rule without regard toincome. Both the income expansion and the elimination ofthe 100 hour rule were implemented in 2000. The 1931(b) program provides Medi-Cal coverage tofamilies with children that do not receive CG|VVOF7KS. This proposal is expected to reduce caseload by 104.000 adults in 2000-09; children will not be impacted. These changes will only apply to new applicants, and full-year savings wf $342million (43O.0DOadults) will not beachieved until 2O11 12 Hospital Rata Reduction. The May Revision proposes to reduce the reimbursement rate tngeneral acute hospitals for inpatient Services that do not have m contract with the Medi-Cal program for savings of $22.5 rni||inn ($11.25 million General Fund). As part of Special Session, non-contract hospital rates were reduced to cost minus 10 percent. This proposal would reduce rates to either cost minus 1Opercent nrthe average contract rate minus 5 percent, whichever is less. The Administration states that this change is necessary to ensure that the hospitals do not drop out of the Medi-Cal program. Most rural hospitals would be exempt from this cut. Other Department of Health Care Services Issues: Significant Increases im the Genetically Handicapped Persons Program. The May Revision includes 869.6 million ($47.5 million General Fund) for the Genodr0||y Handicapped Persons Progrom, which reflects an increase of $19.5 million General Fund, or 69 percent, over the Governor's January Budget. The increase is primarily attributable togrowth in caseload and costs totreat hemophiliacs. Program costs are highly dependent on the types of cases as the top ten cases (2% of caseload) account for almost 35% of program costo. In fact, one case is expected to cost the state over $1Omillion in2U07-08. Department of Public Health Reduced Cigarette and Tobacco Tex Revenues. The May Revision projects that Cigarette and Tobacco Products Surtax Fund-Proposition 88 revenues will decrease by $15 million to $320 million. Consequently, the Administration proposes to reduce funding for the California Healthcare for Indigents Program and the Rural Health Services Program from $34.8 million to $24.8 rniUinn. 8 28% reduction. These programs provide funding tocounties t0 reimburse private physioiana, emergency physicians, and hospitals for uncompensated care. Managed Risk Insurance Board Costs Remain Constant in the Healthy Families Program. The May Revision includes 81.1 billion ($389.9 million E)enona| Fund) for the Healthy Families Progrenn, which reflects on increase of $2.1 million General Fund, or 0.5 pnrcnnt, above the Governor's January Budget and a decrease of 1.5percent from the revised 3007-08 level. Caseload is estimated to be 935.482 beneficioriea, which represents a decrease of 18,770 from the Governor's Budget and an increase of 55,000, or 6-2 percent, over the revised 2007-08 level. Costs are expected to decline in 2008'09 as a result of several budget balancing reduction proposals that the Legislature has yet to take action on. [3m|aV Implementation of Medi-Cal/Healthy Families Self-Certification of Income. The May Revision proposes to delay implementation of SB 437 for an additional year for savings of $15.3 million General Fund. As part of last years budget negotiations, the Governor vetoed $32.1 million ($15.4 million General Fund) related to implementation of SB 437 (EscuUa, 2008). which allows individuals to self-certify income and assets in Medi-Cal and the Healthy Families Program. SB 437 received no Republican votes because of intent language that all children (including undocumented immigrants) have publicly-funded health care coverage and because self-certification opens the door to fraud and abuse The Governor's January Budget had included $32.4 million ($15.3 million General Fund) ioimplement SB4J7 Department of Mental Health Salinas Vm||my State Prison Psychiatric Program Expansion. The May Revision includes $6.7 million General Fund to expand the Salinas Valley State Prison Psychiatric Program by 64-beds This expansion is necessary to comply with the Coleman court Special Master, which expects the facility io begin admitting new patients by December 2008 The wait list for the Salinas Valley State Prison Psychiatric Program is currently 111 padnnts, and this expansion will increase the number of beds from 170to240. Department of Developmental Services Closure mfAgnmxxsDevelopmental Center Delayed Again. The May Revision includes Budget Bill Language to roappropriate 2007'08 General Fund savings to 2O08-O9tofund the cost of consumers who will remain atAgnmvvs poet the June 30. 2008 closure date. &gnewa was originally set to be closed July 2005. and this is the third time the Administration has delayed its closure. The Administration has provided |iNo information on how long this additional delay will be, how many consumers will beimpacted, orwhat the costs will be. The Department ofFinance notes that the actual amount required for roupprnphation will be based on the number ofconsumers still residing atAgnevvn in 2008-09. but is currently anticipating y reappropriation of$22 million. Regional Center Costs Continue to Outpace Caseload. The May Revision includes $3.9 billion ($2.4 billion General Fund) to fund Regional Cantens, an increase of $150 million ($48 million General Fund) or3.O percent above the Governor's January Budgot, and an increase of12 percent General Fund over the revised 2007'08 level. The cost increase is primarily driven by increased utilization and service coabs, as caseload is estimated to grow by only 3.8 percent. This is consistent with the program's growth over the past ban yearn: costs have increased by an average of 12.5 percent ennueUy, while caseload has only increased hy45 percent annually. Despite this pattern, the Administration proposes no meaningful prngnarnnnado reforms to reduce long- term grovvh, and instead proposes to continue the existing cost containment nneauunaa that have failed to significantly reduce expenditures- The gap between actual expenditures and what expenditures would have been had they grown at the rah: of inflation and population continues to vvidon, as demonstrated bythe chart below- Chart 5 Regional Centers General Fund Spending (Dollars in millions) Gap $1.4 Billion $500 IL 1998- 1999- 2000- 2001- 2002- 2003- 2004- 2005- 2006- 2007- 2008- 99 00 01 02 03 04 05 06 07 08 09 Lm=General Fund Spending 1998-99 Expenditures Increased for Inflation/Population Growth ��u00a�� Services ' Human Department of Social Services Ca|VVORKs. The Governor's May Revision provides $6.7 billion total funds for California Work Opportunity and Responsibility to Kids (Ca|VVORKS) programs, $300 million less than the Governor's January Budget. Absent proposed prnQnann ohangnS, o8ae|nad inexpected to be 459,744 in 2008-09. which represents on increase of 8.844 recipients or 1.9 percent above the Governor's January Budget. If all proposed program changes were accepted, caseload would decline to 386,870 for 2008-09. Reform Proposals Continue. The Governor's May Revision continues t0assume savings from the Ca|VVORKsreform proposals originally included in the Governor's January Budget. The May Revision GSsunnms $136 million in savings erosion due tothe delay in implementation from June 2008 to October 2008 for the full family sanctionS, modifications to the safety net progrern, and the establishment of time limits for families with drug felons and Other ineligible adults. Total savings assumed in2OO8-Ogare now approximately $33Omillion. �- Fund Shift for Maintenance of Effort Dollars. The May Revision reflects the exchange of TANFfunds for General Fund in TANF'qua|ifvinQ programs outside the Department ofSocial Services (DSS). Shifting TANF funds into other programs a||OvvS the state to utilize the General Fund within the Ce|VVORKS prOgrGnn, thereby meeting federal maintenance-of-effort (M(JE) requirements without increasing overall General Fund expenditures. The programs receiving TANF funds in exchange for General Fund include the Ca|Grants program ($223 million), Juvenile Probation program ($151.8 million), Emergency Assistance Foster Care ($50.4 million), and an increase in the Title XX transfer to the Department of Developmental Services ($22.2 rniUinn). Additionally, the Administration is proposing to transfer $5 million in TANF funds to the Boys and Girls Club in order to count an estimated $88 million in additional expenditures as excess MDE within the Ca|VV[)RKs program. This proposal appears to he a viable use of program dollars to enhance federal funding while contributing to the state's required contribution level. , Reductions Necessary to Maintain KWinirnurn Maintenance of Effort. The Governor's May Revision proposes to suspend the Co|VV(}RKaJu|y 1. 2008 cost ofliving adjustment (C[>LA), resulting in total savings o( $131 million in 2008-09. Savings of $20 million were already scored in special session when the COLA was delayed until October 1. 2008. which leaves additional savings of $111 million in200O-O9. The May Revision also includes savings of$1O82million asaresult ofreducing the Co|VV(}RKs rnaxinnunn aid payment by 5pen:ent. effective October 1, 2008. This vvnu|d result in 13.400 cases losing o|iUibi|ity, and could negatively impact the work participation rate by about 4 percent (current work participation rate is about 21 percent). Although having the state's work participation rate decline is not an ideal outrnnno, the state is not even duoe to meeting the 50 percent work rate requirement, and achieving major savings seems an acceptable trade off. Increasing county efforts for engaging noncompliant individuals and reforming the Co|VV[)RKs program will help the state increase work participation and mitigate this loss. Lastly, the May Revision proposes to reduce maximum state reimbursement rates from the 85m to the 75m percentile of the regional market rate for Stage 1. 2 and 3 child care, for savings of $19.4 rniUiVn, and to start adjusting state reimbursement rates upward every other year rather than every year. This will flatten out the reimbursement rates paid by the state, with adjustments coming less often. , State Needs Increased Work Participation Levels. The Governor's May Revision proposes to irnp|nnnant "self-sufficiency reviews" for non-participating Ca|VV(}RKs rccipients, generating savings ofS59.7million. These reviews will be a required face-to-face meeting every six months between the non-compliant recipient and the county worker. These reviews are intended to assess what services or resources may be necessary to bring the recipient into compliance with their vve|haro to work plan. Recipients nnenUnR the federal work participation requirements and nnnneedy caretakers of foster children would be exempt from this requirement. If a recipient fails to meet foce-to-facewith their county worker every six rnonths, they would be discontinued from aid The DSS assumes 14.8O0families would bewillfully noncompliant and vvnu|d fail to meet with their county worker. The May Revision includes $82 million for additional county vvork|oad, but counties will likely argue the costs for additional time spent face-to-face would be greater. It is important to nyrnernber, hovvevor, that the proposal would result in a reduced number ofcases which translates into less workload for counties. Additionally, the Governor's May Revision incorporates o proposal called Pro-Assistance Employment Readiness Program (PAERS) originally included in the Legislative Analysts' [>Oioe's Analysis of the Budget Bill. The PAERS pnoQnann creates a ''pre-Ca|VVDF<Ks" program that is designed to accelerate efforts to assist applicants in securing employment, thereby avoiding entry into Ca|VV{)RKa or developing u work plan as a condition of eligibility if the applicant is unable to secure employment during the four month program. Although this proposal does not generate uavings, it will help the state meet federal work participation requirements. Supplemental Security Income/State Supplementary Payment (SSI/SSP). The Governor's May Revision proposes $3.5 billion General Fund for SSI/SSP in 2008-09. a docnaaoc of $213.4 million General Fund below the Governor's January Budget. Caseload for the SSI/SSP program is projected to he 1.274.000 in 2008-09. an increase of2 1 percent over the revised estimate of 1.247.575 for 2007- 08. �- Retain January 2009 Federal SSI Cost of Living Adjustment. The Governor's May Revision proposes to retain the January 2009 federal SSI cost of living adjustment (COLA) in the SSI/SSP prograrn, resulting in savings of $108.8 million General Fund in 2008'09. and annualized savings of $217.6 million General Fund. Even with the suspension of the state COLA (included/nthe Governor's January Budget) and the withhold ofthe federal COLA, California's grant levels for individuals and couples are projected to maintain rankings of second and first/nthe nation, respectively. �~ Cash Assistance Eliminated for NmnFmclera| Participants. The Governor's May Revision proposes toeliminate the Cash Assistance Program for Immigrants asofAugust 2O08. resulting in savings of $111.2 million General Fund in 2008-09. This program provides benefits to legal immigrants that are not eligible for the federal program duo tntheir immigration status. Many of these individuals were able to enter the U.S. because they had o sponsor that agreed to provide for them (thus keeping the immigrant off public assistanco). but have since lost their sponsor and are now onpublic assistance. |n-Horne Supportive Services (IHSS). The Governor's May Revision proposes $1.5 billion General Fund (a decrease of $110.7 million General Fund below the Governor's January Budget) for the IHSS program in 2008'09. The caseload is estimated to be 415,589 recipients in 2008-09. an increase of 7`889 recipients or 1.8 percent above the Governor's January Budget. Even with significant reductions proposed (see be|Vvv), expenditures continuo to greatly exceed the costs that would be incurred if they grew at the same rate as inflation and population. Chart |n'HonneSupportive Services Expenditures � (Dollars in Millions) | $2,000 | Gap $669 million i $UJUU � $1,400 $1,100 $800 � 1998-99 1999-00 2000-01 2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 Actual General Fund Expenditures * 1998-99 Expenditures Increased for Inflation/Population Growth 18 � Governor Revamps Proposal to Reduce Hours. The Governor's May Revision backs off the proposal to nnduon domestic and related services hours by 18 percent for all recipients and instead proposes ineliminate domestic and related services, effective October 1. 2008. for only those recipients that have a functional index score of 2 or 3. maintaining the services for those ranked 4 or 5 The functional index score provides a measure of the consumer's independence and need for assistance based on their physical limitations. The proposal would impact about 83.000 of the 415.589 r*cipients, and would result in savings of $52 million in 2008-09. $73.3 million annually thereafter. This proposal would maintain services to those most critically in need. � Another Attempt to Reduce State Participation in Wages. The Governor's May Revision includes savings of $186.6 million General Fund in 2008-09 as a result of limiting state participation in IHSS wages tominimum wage effective October 1. 2008 The proposal would maintain the level ofparticipation for benefits at $0.60, bringing the rnaxinnurn state participation level to $8.60 per hour. Counties negotiate the wage and benefit level with public authorities that represent IHSS providers and the state is then required to pay for these negotiated vvG8es and benefits /up to S12.10 per hour). Current statute allows counties to reopen negotiations if state participation levels change, orcounties could choose tomaintain and fund agreements currently in place. This proposal is a step in the right direction as the explosive growth in IHSS in recent years is a direct result ofannual increases in provider wages. General Fund expenditures for the IHSS program have grown nearly 200 percent from 1998-99 to the 2007 Budget Act, even though caseload has only grown by458percent during the same time period. � Limit Those Receiving Share of Cost Buy-Out. The Governor's May Revision proposes to eliminate the state's payment of the difference between the Medi-Cal and IHSS share of cost for recipimnts, resulting in savings of $277 million General Fund in 2008-09. $37 million General Fund annually thereafter. Under this pnoposa|, the state vvnu|d no longer pay the difference in the share wfcost for those IHSS recipients with average functional index scores below 4 Of the 8.625 IHSS recipients benefiting from the proOrann, the most critically impaired (approximately 1.500 recipients) will remain eligible for the prngrarn, continuing to have the difference in their share of cost paid for by the state. The average share of cost for those no longer eligible is $427 a month. Child Welfare Services (CWS). The Governor's May Revision includes expenditures of $4 billion ($1.5 billion General Fund) in 2008-09. an increase of $OO million tn1u| funds compared to the Governor's January Budget. � TANF Fund Swap. The Governor's May Revision proposes to swap out $50 million General Fund in the Emergency Assistance Foster Care program and use federal TANF monies instead, allowing the General Fund to be spent within the Ca|VV(}RKs program where it can be counted towards the state's maintenance of effort requirement. Transportation �� �^ n on Public Transportation Account (PTA) Funds. The PTA receives funds from sales tax nndiesel fuel, a portion of the sales tax increase provided by Proposition 1 1 1. Proposition 42, and the "spillover" sales tax on gasoline. Currant |avv contains an arcane formula that requires the General Fund to transfer sales tax revenues to the PTA under specified conditions. This transfer is often triggered during periods ofhigh gasoline prices and is used to fund rail and mass transit projects. Due to high gasoline prices there have been "spillover" revenues for the past six years and the May Revision revenues are estimated to be $1.177 billion in 2008-09This is an increase of $268 nni||inn over the Governor's Budget. /\ddibonoUy, revenues from sales taxes on diesel fuel are projected to increase by $124 million while Proposition 42revenues are projected bodecnaasoby $53rniUionin2O08'O9. PTA/Spi||ovarFunds Offer General Fund Relief. Current law requires specified sales tax revenues on fuel go to the PTA, including half of the spillover sales tax revenues. The remaining half of spillover revenues goes to the Mass Transportation Fund to reimburse the General Fund for transportation related debt service and loan repayments. The May Revision proposes to amend current |avv by funding the State Transit Assistance (STA) Program at $306 million which is the same level as current year. The Governor's budget had proposed to fund the STA a1 $743 million. Increased revenues from diesel fue|, spi||ovor, and amendments to current law will allow for on additional $828 nni||iOn to be used to offset expenditures for K-12 home-to- school transportation ($593 million) and debt service on current and prior year transportation-related General Obligation bonds /$2J5nniUion\. High-Speed F{oii SB 1108 (Murray, 2004) delayed placing a $9.95 billion general obligation bond nnnasuna /foru high-speed n*i| system) before the voters, until November 2006. AB 713 (TonicV' 2008) further delayed the general obligation bond nnnosurm until November 2008. The May Revision proposes tofund $41.2million for the high-speed rail project aofnUVvvS: �^ $10 million from the Public Transportation Account to sustain current engineering and project management work and mobilize contract resources for all corridors, prior to the election. �- $8.2 million from Proposition 116. the Clean Air and Transportation Act of189O. for additional environmental studies and engineering work on the Fresno-to-Sacramento segment. � $23 million appropriated from the Safe, Reliable High-Speed Passenger Train Bond Act for the 21«tCentury tocontinue work after the election. The Governor is proposing amendments to the Act to ensure an appropriate balance between assuring that expenditures of the bond funds will result in operational high-speed rail services and providing the flexibility needed to attract federal and local govornnnent, as well as private sector participation in [unding, constructiny, and operating the system. For the state to continue spending funds on a project that will not be before the voters until November 2008 may not be prudent. Furthorrnore, this rail system would cost as much as $40 billion. If ridership revenues are insufficient to cover the operating costs, this project cou|dendup000tingtaxpayersrni||ionaofdo||unsinannua| subsidios. Capital Outlay Support Staffing. The May Revision proposes to decrease the capital outlay support program and bond-related workload byanet decrease Of$28million. This includes: Decrease in state staff 0f247 positions and $27.5 million. Decrease incash overtime of$92million. Decrease of 22 contract positions-, however an overall increase nf84 1 million due to increased contract costs. �^ Increase of$O.6million inoperating expenses. These reductions are related to unfilled positions that were provided as part of the 2007-08 Budget Act. (}v8naU. the 12.085 proposed staffing level consists of 89 percent state staff and 11 percent contract staff for the entire capital outlay support and bond-related activities. 20 Department of Motor Vehicles REAL U0Demonstration Grant Program. The May Revision includes anaugmentation of $8.5million in federal funds to support three separate projects that position the DMV to meet the requirements of the federal REAL ID Act, as follows: � $1.6 million for Birth Certificate Verification Project � $27million for Privacy and Security Enhancement Project , $2.2 million for Information Access Control Solutions Project Of the $1.8 million for Birth Certificate Verification, $1.3 million will be passed through to the Department of Public Health (DPH) to provide OK4V with access to electronically indexed birth certificate information stored in the OPH's database. �� Environment � � �� n������������, �~K���K����00��~ ����� Energy Emergency Response Initiative (Tax). The Governor's May Revision proposes to adjust its assessment of the new tax on all residential and commercial property insurance statewide to fund additional resources and backfill General Fund costs. Originally proposed asthe "Wildlife Firefighting Initiative" in the Governor's January Budget, itis now renamed the "Emergency Response Initiative" which covers not only firefighting artiviUos, but also earthquake and flood response. The new tax proposal will be designated by zip code and be set at two levels based on differing risk: ~ 1.4 percent on those structures in areas designated as high-hazard zones in terms of earthquukm, fira, or flood, as determined by The Office of Emergency Services ([)ES) and CAL FIRE risk maps. This would result in an annual average con( of approximately $1260 per household. , 0.75 percent nnthose structures in |ow'hazardzonea. This would result in an annual average cost ofabout $5.75per household. In addition. e $30 million loan from the Restitution Fund would be used to backfill General Fund that the new tax would not cover in the 2OO8'0Qfiscal year. Revenue for 2OU8-O9 is estimated at $09 million and $138 million on-going It should be noted that the Legislative Counsel determined the Governor's original proposal to be a tax not an assessment on property insurance policyholders. It is unclear if this revised proposal would be viewed any differently-, however, that is the Governor's intention. The new revenue would fund the following CAL FIRE activities: � $28.9 million and 1,100 seasonal firefighters to staff all 336 state fire stations. , $4.2 nni||iun and 3.8 positions to install GPS tracking on specific pieces of equipment. This program will not beimplemented until 2OO9-1O � 849 1 million in2OO8-O0iobackfill the budget balancing reductions toCAL FIRE, � A 5-year expenditure plan totaling $148 million for the purchase of 11 new helicopters. The purchases will begin in20OS-1O. Absent the tax increase, the Governor proposes toclose 2Oforest fire stations, 11 conservation camps, and one ho|itackbase. However, General Fund could continue to be used to keep these facilities open. Additional revenues will go to OES and the Military Department. (See OESoocbon on the following page-) State Park Closures. The Governor's May Revision proposes $133million in funding to keep state parks open. The proposal would fully restore the Governor's Budget reduction by providing S11.Rmillion General Fund and $1.5 million from increased state park fees. The fee increases will range from $1 h) $2 at selected state parks where the effect on attendance would be minimal. Habitat Conservation Fund. The Governor's May Revision proposes to shift $20.4 million General Fund for the Habitat Conservation Fund (HCF) to Proposition 1E Proposition 117, approved by the voters in 1980. requires an annual transfer of $30 million to the HCF for the acquisition and restoration of habitat. Proposition 1E provides $290 nni||inn for the enhancement of flood protection corriUors, including projects that preserve the wildlife value of the properties. The Governor indicates that these funds are eligible to meet the HCF requirements. This proposal is intended to be on-going or until Proposition 1E funding of$290 million is depleted. Public Sf^ ty and Judiciary Office of EmergencV Services Emergency Response Initiative (Tax). The May Revision restructures the ^VVi|d|and Firefighting |niU8Uve" proposed in the Governor's Budget and renames it the "Emergency Response Initiative" (ERI). The ERI would fund activities and resources for the {}fDCe of Emergency Smn/ioea (OES) and the Department of Forestry and Fina Protection /CAL FIRE) similar tnthose proposed in the Governor's Budget, beginning in 3008-09. but would delay implementation of the Military Department's ERI-related proposals until 2009-10. due to a projected revenue shortfall. The ERI would create the Emergency Response Account, administered by the DES, as e repository for revenues from o proposed tax on property insurance policyholders. (}ES proposals to spend these new tax revenues total $3.7 million, as follows: � $1.9 million to backfill the General Fund budget-balancing reduction to the ()ES' Mutual Aid Response section and its Warning Center and |T/Te|econnmunicodonsseotiono. �- $1.3 million to fund the {}EG' administrative costs to collect the proposed tax from insurance companies statewide. � $480.000 to fund the increased maintenance and fuel costs of the 0ES' existing fleet of fire engines and vehicles. (For details on the proposed tax, as well as related spending proposals for CAL FIRE, awu the Resources section nnthe previous pGge.> Judicial Branch New Trial Court Facilities Transferring tmthe State' The May Revision includes $1.7million General Fund for facility maintenance and operations costs for additional square footage acquired in newly- constructed court facilities that will transfer to the state without corresponding operational funding from the counties. Trial Court Funding Related to Change in the State Appropriations Limit (SAL). The May Revision reflects an increase in the year-to-year percentage Change in the SAL from 4.80 percent to 4.95 percent. Although no augmentation is proposed in the May Revision, statute requires that the Trial Courts' budget be adjusted to reflect this change, which would require an augmentation for the Trial Courts of approximately $3.9 nni||i0n General Fund. Prosurnab|y, providing this increase would be handled by the Legislature. 22 Department of Correct-ons and Rehabilitation The May Revision includes a net reduction of $115.2 million General Fund for the cost of operations of the Department of Corrections and Rehabilitation (CDCR), excluding proposals related to the Receiver's activities. Changes inthe May Revision include: Update on "Prison Reform" Measures Early Release and Summary Parole. The Administration has withdrawn its imprudent proposal to release |nvv-|ove| offenders prior to completion of their prison te/nne (early inmate release). However, the Governor's proposal to discharge low-level parolees to summary (unsupervised) parole remains intact. The Administration has altered its estimate of summary parole savings to capture related operational and programmatic savings that were not identified in the Governor's Budget. The net effect of these changes is a dncnaaaw to the Governor's proposed budget-balancing reductions (increase in proposed expenditures) o[approximately $18O7million, asfo||uvvsi ~ Increase in expenditures of$256.4 million for the withdrawal of the early release proposal. A_ Decrease in expenditures of $757 million due to the net of additional operational and programmatic savings, offset by a savings erosion due to delayed implementation. Given the public safety risks. the repeal of the Governor's early release proposal is good news. Hovvever, it is unclear why the summary penn|e proposal remains. Statistica||y, it is evident that parolees affected by this proposal will cnrnnnit new crimes that send them back to prison. Given the potential risk to public safety, it may be prudent to obtain Corrections savings /n other ways. Population Funding Adult Population Estimate. Both adult institution and adult parole populations are on a downward trend. The May Revision proposes net decreases of$27.9 million General Fund in the current year and $78.2 million General Fund in the budget year related to changes in adult population estimates. The estimated current year adult institution Average Daily Population (ADP) is 171.880. a decrease of 2.107 from the Governor's Budgot, and adult parole ADP is projected to be 126.456, a decrease of 2.887 The estimated budget year institution ADP is 170,641, a decrease of 6,380 from the Governor's Budgmt, and parole ADP is projected to be 122.072, a decrease of 10,189. Division of Juvenile Justice Population. The May Revision proposes o decrease of $8.6 million in the current year and a reduction of $4.3 million in the budget year for juvenile population issues. These reductions are not, howover, directly tied to ADP. |ns(ead, they reflect the elimination of baseline contract funding for services to fmnna|o wards in secure placements outside of Division of Juvenile Justice (DJJ) foci|itiesThe OJJ has been unable to locate a suitable provider and will not expend contract dollars in 2007-08 or the first half of 2008-09. Population reflects an estimated 2008-09 ADP of 1.847, an increase of 61 wards from the number projected in the Governor's Budget. The juvenile parole population is estimated to be 1.871, an increase of 8. 23 Other Population-Related Requests: Local Assistance Funding. The May Revision also includes anet decrease nf $583.00Oinlocal assistance funding, as follows: � District Attorney Costs. $2.1 million for reimbursements to counties for costs of prosecuting prison crimes ($13 million one-time funding for shortfalls from 2007-08. $776.000 to permanently increase baseline local assistance funding). � Daily Jail Rate. $27 million decrease as a result of a projected decrease in claims for incarcerating state inmates in county jails. Academy Deactivation/Reductions. The May Revision proposes a net reduction of $591 million General Fund to reflect the deactivation of the Correctional Training Center Annex in Stockton and reductions to the operating levels of the adult and juvenile cadet academies in Galt. Out-of-State Beds — Oversight Staff. The May Revision includes an increase of $1.9 million General Fund to provide oversight for the Out-of-State Correctional Facility Program related to operational suppod, educational and vocational compliance, facility inspections, and inmate discipline and appeals. Warm Shutdown ofYouth Correctional Facility. The May Revision includes $775.000General Fund to continue minimal levels of maintenance /vvarrn shutdown) at the B Paso D8 Robles Youth Correctional Facility once it has been C|OS8d. The facility is scheduled to be shut down inAugust 2008 in response to recent ward population reduction mandates and enhancements to county custody and parole responsibilities. Savings related to o|nainQ this facility are already reflected in the Governor's Budget. Consolidated IT Infrastructure Project (C|T|P) Scope Reduction. The May Revision proposes a reduction of $37.4 million General Fund duo to more accurate cost modeling and a scope change that removes healthcare IT infrastructure costs from C|T|P, since the Receiver will include healthcare connectivity as part ofhis strategic plan. Guard Tower Deactivations. The May Revision proposes a reduction of $2.8 million due to the deactivation of guard towers at the California Men's Colony and the Sierra Conservation Centor, made possible bythe activation ofelectrified fences. Other CDCR Proposals VVithdnmxva| of Community Work Cm*vvm Proposal. The May Revision withdraws the Governor's Budget proposal related to the activation of inmate work orevvs, for a savings of $2.4 million General Fund. Local Assistance Funding. The May Revision proposes 1Vswap $151.0 million infederal Temporary Assistance for Needy Families /TANF\ grant funding, currently included in the Department of Social Services' (DSS) budget, for an equal amount of General Fund, currently included in the COCR'S Juvenile Probation and Camps (JPC) budget. The proposed swap would address changes in TANF regulations that restrict the DSS' ability to meet federal Maintenance of Effort requirements by providing DSS with General Fund matching dollars while holding the JPC budget harmless. (For more information on the TANF fund swap, see the DSS section on page 16 of this document.) Activation of Stockton Reentry Facility. The May Revision also requests $11.7 million General Fund to @Cdv@t9 the Stockton Reentry Facility (formerly the Northern California Women's Faci|ity), which is 24 currently in the process of being converted from a traditional institution to a reentry facility. Construction isexpected U7bocompleted inJune 30O9. Capital Outla Small Management Yards. The May Revision proposes $8.6 million for preliminary p|ans, working dnsvvinga, and construction of the Srna|| Management Exercise Yards project. In order to comply with a recent Coleman court order. CDCR must complete construction of these small management exercise yards for inmates housed inAdministrative Segregation Units byJune 3O. 2008 The additional funds are necessary for the Department to hire contract labor to complete the project by the new court- ordered deadline, rather than using inmate labor as originally proposed. nurt-ordoreddead|inm. ratherthonusinginrnete |oborosoriQina||ypropVoed. The Department is simultaneously pursuing special legislation for the same purposo, in order to secure the needed resources as soon as possible. In the event the special legislation is enacted prior to the Budget Act, this May Revision augmentation would nolonger beneeded. ChuckmxvaUa Wastewater Treatment Plant Funding. The May Revision proposes to delete $25.3 million General Fund for the ChuokavvaUa Valley State Prison Wastewater Treatment Plant Improvement project, and would instead fund the project using lease revenue bonds. Prison Medical Care Receiver CQCR Healthcare Budget Administered by the Receiver. The May Revision proposes to augment the (|DCR's 2008-09 healthcare budge( by $8.6 million General Fund, bringing the total healthcare budget toS1.420billion. This augmentation isnet oftwo proposals, asfollows: , An augmentation of$12.5 million to establish additional Supervising Registered Nurse positions. � A reduction of $39 million to correct a technical error in the Receiver's Health Care Guarding and Transportation proposal. Statewide Issues California Correctional Peace Officers Association. The Governor's May Revision no longer includes funding for the ''|ast, best and final offnr" proposed by the Administration to the California Correctional Poouo Officers Association (CCPDA) The Governor's January Budget included 8400 million between 2007-08 and 2008-09 for the offer. Since the offer is still ''on the tob|m." if an agreement is reached legislation for the proposed memorandum of understanding (K4{}U) would need to include approximately $210 million General Fund, which would then bepaid from the reserve. Ca|PERS - Health and Dental Benefits. The Governor's May Revision includes additional funding nf $3958 million ($179.1 million General Fund) for health and dental benefits in 2008-09 This includes 843.9 million General Fund for health and dental benefit increases that are included in the Administration's ^|ast, best and final offer" to CCPOA. Government Standards Accounting Board (GASB). States must now determine and report the long term costs of non-pension benefit coats. which usually consist of health care coveragn, dental coverege, vision coverage, life insurance. and long term oorm These are often referred toas "other post employment benefit ob|igations " In o report released by the State Controller's Office (SCO) the state's total unfunded 0ab///h/ for state retiree health benefits /s $47.80 b8lion, which represents the total present value of future retiree health benefits for current S\Gtm retirees and employees. This estimate does not include the University of California. The Governor's May Revision does not set- 25 aside money to be used for pre-funding the state's unfunded |iabi|iUes, but instead maintains the ^pay- ao'you'go'' approach. State Teachers' Retirement System (STIRS). The Governor's May Revision modifies the January proposal for the 3TRS Supplemental Benefit Maintenance Account (SBM/\) to reflect the compromise proposed this spring by the California Retired Teachers' Association. The revised proposal would do the following: Reduces vesting from 2.5 percent nfpayroll to 2.25 percent of payroll in exchange for statutory, but non'vestod, increase in the purchasing power protection |nvc| to 85 percent ofinitial retirement income. %~ Retains the annual payment deferrals in the Governor's plan (annual payments would be made inNovember and Apri|). Delays interest payments bydeleting the 2OO8-09 payment and adding 2011-12 and a 2012-2013 payment ofinterest. This would produce additional Gonmns| Fund savings of $OOmillion in2O08-OQ The proposal would result in significant savings \othe statc, but does not obligate the state to increase payments if inflation exceeds expectations. It vvi||, huvv*ver, place a new non-vested pressure on the State to continue benefits at the 85 percent level (and increase State General Fund costs if inflation is high). Tribal Gaming Revenues. The May Revision includes revised projection of General Fund revenues from Tribal Gaming that reflects an increase of $16.3 million (hnnn $4304 million to $448.7 million) over the Governor's Budget projection. This revised projection reflects the net impact of addressing the shortfall in the Indian Gaming Revenue Sharing Trust Fund with revenues from the Indian Gaming Special Distribution Fund, rather than using General Fund revenues ($4Omillion General Fund revenue incne@Se), and o delay in the ratification of the Sycuan Band of Kunneyaay Indians' compact by the tribe's General Council ($23.7 million General Fund revenue decrease). Both of these revenue changes are one time. General Government Franchise Tax Board $1.1 million General Fund for the Filing Enforcement Program to contact approximately 00.000 persons who failed to file Personal |ncnnno Tax Returns. FTB expects to generate additional General Fund revenues of$9 million in 2008-09 and $28 million in 2009-10 and ongoing. Commission on State Mandates � $75 million General Fund decrease to reflect a delay of the third payment of the 15-yaor payment plan for mandate costs incurred prior to July 1. 2004. Statute requires these costs to be fully paid by the 202O-21fiscal year. Business Transportation and Housing Agency �+ $2 rni||i0n General Fund transfer t0the California Economic Development Fund to support the San Joaquin Valley Strategic Action plan. Funds would be used to match potential federal, |000|, and private funds in 8 public-private partnership to promote economic dev8|OpnnDnt, workforce development, education, transportation, land use and environmental issues. 26 Attachment 1 New Special Fund Loans Proposed in the May Revision Fund Code Amount Legislative,Judicial,Executive Antiterrorism Fund 3034 $2,000 Sexual Habitual Offender Fund 0142 $1,000 False Claims Act Fund 0378 $6,000 Gambling Control Fund 0567 $10,000 California Debt and Investment Advisory Commission Fund 0171 52,000 California Debt Limit Allocation Committee Fund 0169 52,000 Tax Credit Allocation Fee Account(TCAFA) 0457 $10,000 Occupancy Compliance Monitoring Account,TCAFA 0448 $10,000 Totals,UE $43,000 State and Consumer Services Agency Board of Barbering and Cosmetology Fund 0069 $10,000 Psychology Fund 0310 $2,500 Accountancy Fund 0704 $16,000 Contractor's License Fund 0735 $13,000 Contingent Fund of the Medical Board of California 0758 $6,000 Board of Registered Nursing Fund 0761 $2,000 Pharmacy Board Contingent Fund 0767 $1,000 Professional Engineers'and Land Surveyors Fund 0770 $4,000 Behavioral Science Examiners Fund 0773 $3,000 Vocational Nursing and Psychiatric Technicians Fund 0779 $1,000 Occupational Therapy Fund 3017 $3,000 Vehicle Inspection and Repair Fund 0421 $25,000 High Polluter Repair or Removal Account 0582 $40,000 Public School Planning,Design,and Construction Review Revolving Fund 0328 $60,000 Totals,SCSA $186,500 Business Transportation and Housing Agency State Highway Account,Transportation Fund 0042 $200,000 Local Airport Loan Account 0052 S14,900 Motor Vehicle Fuel Account 0061 $8,000 Bicycle Transportation Account,Transportation Fund 0045 $6,000 Environmental Enhancement and Mitigation Program Fund 0183 $4,400 Historic Property Maintenance Fund 0365 $3,000 Pedestrian Safety Account,Transportation Fund 2500 $1,800 Financial Institutions Fund 0298 $1,500 State Corporations Fund 0067 $1,500 Mobilehome Park Revolving Fund 0245 $2,500 Mobilehome-Manufactured Home Revolving Fund 0648 $1,000 Joe Serna,Jr. Farmworker Housing Grant Fund 0927 $1,200 Housing Rehabilitation Loan Fund 0929 $12,900 Real Estate Appraisers Regulation Fund 0400 S16,600 Real Estate Fund 0317 $12,200 New Motor Vehicle Board Account 0054 $1,200 Total, BT&H $288,700 Resources Agency Renewable Resource Trust Fund 0382 510,900 Oil Spill Prevention and Administration Fund 0320 513,000 Hatchery and Inland Fisheries Fund 3103 $4,000 California Waterfowl Habitat Preservation Account 0211 52,500 Total, Resources $30,400 Health and Human Services Agency Hospital Building Fund 0121 S10,000 California Health Data and Planning Fund 0143 $12,000 Registered Nurse Education Fund 0181 $1,000 Occupational Lead Poisoning Prevention Account 0070 51,100 Drinking Water Operator Certification Special Account 0247 $1,600 Total,HHS $25,700 Total New Special Fund Loans $574,300 i 4th Senate District Staff Assignments Mark Reeder, Chief of Staff (916) 659-4004 Lisa Zea, Deputy Chief of Staff (530) 470-1846 Name Title Phone Linda Halderman, M.D. Senior Policy Consultant (916) 651-4004 Kathy Hilke Executive Assistant (916) 651-4004 Bill Bird Communications (916) 651-4004 Cheri Fry Executive Assistant (530) 470-1846 Marta Woodward Casework Manager (530) 470-1846 Christine Rydell Field Representative (530) 470-1846 Kim Davis Field Representative (530) 458-4161 Nadine Bailey Field Representative (530) 225-3142 Preston Dickinson Field Representative (530) 895-6088 For more information, please visit our website at http://republican.sen.ca.gov/web/4/ ;;