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The 2016-17 Budget: Overview of the Governor's Budget
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The 2016-17 Budget:
Overview of the
Governor’s Budget
MAC TAYLOR • L E G I S L A T I V E A N A L Y S T • JANUARY 11, 2016
2016-17 BUDGET
Legislative Analyst’s Office
www.lao.ca.gov (916) 445-4656
Legislative Analyst
Mac Taylor
State and Local Finance Corrections, Transportation, and Environment
Jason Sisney Anthony Simbol
Brian Brown
Carolyn Chu
Drew Soderborg
Justin Garosi
Ann Hollingsheada Ashley Ames
Seth Kerstein Ross Brown
Ryan Miller Aaron Edwards
Nick Schroeder Rachel Ehlers
Brian Uhler Paul Jacobs
Brian Weatherford Helen Kerstein
Anita Lee
Education
Shawn Martin
Jennifer Kuhn
Jessica Peters
Ryan Anderson Jonathan Peterson
Edgar Cabral
Health and Human Services
Natasha Collins
Jason Constantouros Mark C. Newton
Virginia Early Ginni Bella Navarre
Paul Golaszewski
Amber Didier
Judy Heiman
Callie Freitag
Dan Kaplan
Ben Johnson
Kenneth Kapphahn
Lourdes Morales
Ryan Woolsey
Meredith Wurden
Administration and Information Services Support
Larry Castro Tina McGee
Sarah Kleinberg Izet Arriaga
Karry Dennis Fowler Sarah Scanlon
Michael Greer Jim Stahley
Vu Chu Anthony Lucero
Sandi Harvey
Rima Seiilova-Olson
a The 2016-17 Budget: Overview of the Governor’s Budget publication coordinator.
2 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
EXECUTIVE SUMMARY
This publication is our office’s initial response to the 2016-17 Governor’s Budget proposal, which
was presented to the Legislature on January 7, 2016.
Significant Increases in Revenues and School Funding. The administration’s revenue estimates
for 2015-16 and 2016-17 are billions of dollars higher than they were in last year’s budget act.
Higher revenues generate significant increases in Proposition 98 funding—$4.3 billion over the
2014-15 through 2016-17 period. After satisfying Proposition 98 and Proposition 2 requirements
and funding adjustments to existing programs, the Governor’s plan allocates about $7 billion in
discretionary General Fund resources.
Governor’s Budget Prioritizes Reserves and Infrastructure. As shown in the figure below,
in allocating discretionary resources for the 2016-17 budget, the Governor prioritizes reserves.
Specifically, he proposes increasing total reserves to more than $10 billion. He allocates most other Graphic Sign Off
discretionary resources to one-time infrastructure spending. Outside the General Fund, the Governor
Secretary
plans to: (1) spend $3.1 billion cap-and-trade auction revenues, (2) provide additional revenues for
Analyst
transportation, and (3) extend the managed care organization (MCO) tax.
MPA
Plan for Next Economic Downturn. California has enjoyed remarkable economic growth over
Deputy
the past year. That said, the state may be reaching the peak of this long expansion. In crafting this
year’s budget, the Legislature will choose a mix of reserves, one-time spending, and ongoing budget
commitments based on its priorities. We encourage the Legislature to begin this process with a
robust target for reserves for the end of 2016-17 and concentrate spending on one-time purposes.
This would still leave some funds available for targeted ongoing commitments—particularly if the
Legislature passes an
extension of the MCO
Governor Prioritizes
tax. Such a measured Reserves and Infrastructure in 2016-17 Budget
approach would better
position the state
One-Time
for any near-term Infrastructure Spending Optional Reserves
economic downturn.
Ongoing
Spending Commitments
MCO Tax Proceeds—Uncommitted
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2016-17 BUDGET
OVERVIEW
On January 7, 2016 the Governor presented the SFEU by $1.1 billion over the level assumed in
his 2016-17 budget proposal to the Legislature. As the 2015-16 Budget Act. Pursuant to Proposition 2
shown in Figure 1, the budget package proposes (2014), the budget makes a constitutionally
spending $168 billion in 2016-17, an increase of required deposit of $2.6 billion to the BSA for
2 percent over revised levels for 2015-16. 2015-16 and 2016-17 combined. (We note that, by
Budget Position Continues to Improve. May, the Proposition 2 revised “true-up” deposit
Figure 2 (see next page) displays the for 2015-16 could increase by hundreds of millions
administration’s summary data for the General or more for various reasons.) In addition, the
Fund, the state’s main operating account. As shown Governor proposes that the Legislature approve
in the figure, the General Fund is on steady footing. an optional deposit of $2 billion to the BSA. Under
The administration’s revised revenue estimates for the Governor’s plan, by the end of 2016-17 reserves
2015-16 and 2016-17 are up by billions of dollars would total $10.2 billion, consisting of $2.2 billion
compared to last year’s budget act, similar to our in the SFEU and $8 billion in the BSA. This total
office’s most recent projections for 2015-16 and does not include over $1 billion in proposed, but
2016-17. (For more information about these revenue unallocated, revenues from the tax on managed
estimates, please see our January 7 comment on care organizations (MCOs), which the Legislature
the LAO Economy and Taxes blog.) After satisfying could use to benefit the General Fund.
constitutional requirements for higher reserves Budget Also Focuses on Infrastructure. In
and spending on education, the Governor proposes addition to building reserves, the Governor’s
significant extra reserve deposits. He then uses the budget commits spending to infrastructure using
remaining money for new spending commitments, both General Fund and special fund sources. This
primarily one-time infrastructure spending. includes funding for maintenance, repair, and
construction of state office buildings, the state
Major Features of the Governor’s Budget
highway system, local roads, university campuses,
Figure 3 (see page 7) summarizes the major and county jails.
features of the Governor’s budget. Other Significant Proposals on Education,
Reserves Total Over $10 Billion. The Governor Health, and the Environment. The Governor
proposes contributions to
Figure 1
both state budget reserves:
Governor’s Budget Expenditures
the Special Fund for
Economic Uncertainties (Dollars in Millions)
(SFEU), the state’s Change From 2015-16
2014-15 2015-16 2016-17
discretionary reserve, and Fund Type Revised Revised Proposed Amount Percent
the Budget Stabilization General Funda $112,974 $116,064 $122,609 $6,544 5.6%
Account (BSA), the state’s Special funds 41,702 47,636 45,032 -2,604 -5.5
Budget Totals $154,676 $163,700 $167,641 $3,941 2.4%
constitutional rainy
Selected bond funds $5,145 $7,847 $3,086 -$4,761 -60.7%
day fund. The budget
Federal funds 90,049 99,761 91,899 -7,861 -7.9
increases the balance of a
Includes Education Protection Account created by Proposition 30 (2012).
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2016-17 BUDGET
also makes other proposals. He uses most of the LAO Comments
constitutionally required increase in Proposition 98
Governor’s Emphasis on Reserves Is
spending to continue implementing the state’s
Appropriate. After meeting constitutional
formula for funding school districts. The Governor
requirements on education spending and debt
also has a revised proposal to restructure the tax on
payments, the Governor proposes using a large
MCOs while cutting other taxes on affected health
portion of the remaining funds to grow the state’s
plans. The Governor uses a small portion of the
budget reserves. We believe this general approach
revenues from this tax for the In-Home Supportive
is prudent as a large budget reserve is the key
Services program. He also proposes a plan to spend
to weathering the next recession with minimal
cap-and-trade auction revenues.
disruption to public programs.
Focus on Infrastructure Makes Sense, but
Specific Proposals Raise Several Issues. Much of
the state’s infrastructure
is aging and needs to be
Figure 2
renovated, adapted, or
Administration’s General Fund Summary
improved to meet current
(In Millions)
and future needs. As such,
2014-15 2015-16 2016-17
we think the Governor’s
Revised Revised Proposed
focus on infrastructure
General Funda Condition
Prior-year fund balance $5,356 $3,699 $5,172 makes sense. However,
Revenues and transfers 111,318 117,537 120,633 the Governor’s specific
Expenditures 112,974 116,064 122,609
proposals raise several
Ending fund balance $3,699 $5,172 $3,196
issues that merit legislative
Encumbrances 966 966 966
SFEU balance 2,733 4,206 2,230 consideration. For
example, the Legislature
Reserve Balances at the End of the Fiscal Year
SFEU balance $2,733 $4,206 $2,230 will want to consider
BSA balance 1,606 4,455 8,011 the appropriateness of
Total Reserves $4,339 $8,661 $10,241
the proposed funding
Revenues and Transfersa sources, ensure such
Personal income taxes $76,079 $81,354 $83,841
funding is allocated
Sales and use taxes 23,709 25,246 25,942
Corporation taxes 9,007 10,304 10,956 to the highest priority
Other revenues 4,503 4,562 4,340 and most cost-effective
Subtotal, Revenues ($113,298) ($121,466) ($125,078)
infrastructure needs,
Transfers to BSA -$1,606 -$2,849 -$3,556
Other transfers (net) -374 -1,080 -889 and allow for sufficient
Totals $111,318 $117,537 $120,633 legislative oversight.
Spendinga Governor Allocates
Proposition 98 (General Fund) $49,554 $49,992 $50,972 About $7 Billion in
Non-Proposition 98 63,420 66,072 71,637
Discretionary Resources.
Totals $112,974 $116,064 $122,609
In assembling this budget,
a
Includes Education Protection Account created by Proposition 30 (2012).
SFEU = Special Fund for Economic Uncertainties and BSA = Budget Stabilization Account. the Governor was faced
6 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
with decisions about how to allocate roughly doubles the size of budget reserves. He proposes
$7 billion of discretionary General Fund resources. allocating most remaining discretionary funds
(“Discretionary,” in this context, excludes to one-time infrastructure spending. Finally, he
billions of dollars controlled by constitutional proposes ongoing budget commitments of around
funding requirements, such as Proposition 98 $600 million.
and Proposition 2, and added costs to maintain Legislature Can Allocate These Funds
existing policies.) As shown in Figures 4 and 5 Differently. The Governor has communicated
(see next page), the Governor prioritizes reserves his priorities for the budget: more reserves and
and one-time spending. Specifically, he uses a new money for infrastructure. The California
significant portion of the discretionary resources Constitution, however, entrusts the Legislature
to increase total reserves to over $10 billion. This to craft the annual state budget. As such, the
Figure 3
Major Features of the Governor’s Proposed Budget
Revenues
• Increases revenue estimates by $5.9 billion for 2014-15 through 2016-17 combined.
Reserves
• Makes required deposit of $2.6 billion into rainy day reserve.
• Proposes extra deposit of $2 billion into rainy day reserve.
• Increases discretionary reserve by $1.1 billion.a
Infrastructure
• Proposes $1.5 billion to replace and renovate state office buildings.
• Provides $807 million ($500 million non-Proposition 98 General Fund) for statewide deferred maintenance projects.
• Proposes $250 million grant program for replacing or renovating county jails.
• Continues to propose transportation package of $3.6 billion in annualized funding.
Education
• Augments LCFF by $2.8 billion.
• Shifts $1.7 billion from existing preschool programs into new preschool block grant.
• Provides $1.2 billion for K-14 discretionary one-time purposes (counts against K-14 mandate backlog).
• Augments UC and CSU by a combined $250 million.
• Designates $200 million for new community college workforce program.
Health and Human Services
• Raises $1.3 billion (on net) annually with restructured MCO tax, while reducing other taxes on affected health plans.
• Uses $236 million from MCO tax to maintain restoration of IHSS service hours.
• Includes augmentations in DDS and SSI/SSP.
Other
• Proposes to allocate $3.1 billion in cap-and-trade auction revenues.
• Meets Proposition 2 debt payment requirement ($1.6 billion in 2016-17) by repaying special fund loans and
other obligations.
• Sets aside $350 million (including $300 million General Fund) for 2016 collective bargaining process.
• Provides $323 million ($212 million General Fund) for various drought-related response activities.
a
Amount by which the Special Fund for Economic Uncertainties grows relative to 2015-16 Budget Act.
LCFF = Local Control Funding Formula; MCO = managed care organization; DDS = Department of Developmental Services; IHSS = In-Home
Supportive Services; and SSI/SSP = Supplemental Security Income/State Supplementary Payment.
www.lao.ca.gov Legislative Analyst’s Office 7
2016-17 BUDGET
Figure 4 Legislature will now
Governor’s Key Choices in Allocating Discretionary choose its preferred mix
General Fund Resources of reserves, one-time
spending, and ongoing
(In Billions)
budget commitments.
Amount
Figure 6 shows some
Reserves
Makes extra rainy day fund deposit $2.0 key questions for the
Grows discretionary reserve balance 1.1 Legislature to consider in
Subtotal ($3.1)
its deliberations on these
MCO Tax Proceeds—Uncommitteda $1.1
matters. For example,
One-Time Spending
when reviewing the
Replaces and maintains state office buildings $1.5
Funds statewide deferred maintenance projects 0.5 Governor’s proposal to
Provides grants for replacing and renovating county jails 0.3 deposit an extra $2 billion
Subtotal ($2.3)
in the BSA, the Legislature
Ongoing Budget Commitments
Grapmhayic w aSnitg ton c Oonfsfider
Sets aside funds for 2016 collective bargaining process $0.3
Augments funding for UC and CSU 0.3 whether it prefers to
Makes augmentations for CDCR and courts 0.1 Secre k t e a ep ry those reserves in
Makes augmentations for SSI/SSP and DDS 0.1 Analyst
a discretionary reserve
Subtotal ($0.8)
MPA
Total $7.3 over which it has more
a While the Governor places proceeds of this tax in a special fund, he chose not to use most of these to bene D fit epuctoyntrol. We discuss
the General Fund or augment other programs. As a result, we include the unallocated proceeds in this figure.
Note: Excludes spending on K-14 education, reserves, and debt (required by the California Constitution), other budgetary issues
and added costs to maintain existing policies. Figure also excludes some smaller spending proposals.
for consideration later in
MCO = managed care organization; CDCR = California Department of Corrections and Rehabilitation;
SSI/SSP = Supplemental Security Income/State Supplementary Payment; and DDS = Department of
this document, and we
Developmental Services.
will identify others in our
upcoming budget analysis
Figure 5
publications.
Governor Prioritizes
Reserves and Infrastructure in 2016-17 Budget Plan for Next Economic
Downturn. California
One-Time has enjoyed remarkable
Infrastructure Spending Optional Reserves
economic growth over
the past year. The state,
however, may be reaching
the peak of a long economic
expansion. Planning for the
next downturn—including
setting aside budget
Ongoing reserves—is an important
Spending Commitments
priority. As the Legislature
considers the trade-offs
MCO Tax Proceeds—Uncommitted
among different budget
Note: Excludes spending on K-14 education, reserves, and debt (required by the California Constitution),
and added costs to maintain existing policies. Figure also excludes some smaller spending proposals. priorities, we encourage it
8 Legislative Analyst’s Office www.lao.ca.gov
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Figure 6
Key Questions for Legislative Consideration in Crafting the 2016-17 Budget
Reserves
• What is the level of total reserves (SFEU and BSA combined) desired prior to next downturn?
• Does the Legislature want to reach that targeted reserve level in 2016-17? 2017- 18? Later?
• Does the Legislature want to put extra reserves in the constitutionally restricted BSA or in the SFEU?a
• Would the Legislature prefer other alternatives that prepare the state for the next economic downturn while
preserving legislative control? (For example, the Legislature could reject the Governor’s proposal to deposit
extra funds in the BSA and instead prepay some 2017-18 bond debt service.)
One-Time Spending
• Does the Legislature believe there are other infrastructure projects that are more important to fund now?
• If state building improvements are funded, should other buildings in Sacramento and elsewhere be considered?
• What is the appropriate financing approach to fund state infrastructure needs—direct appropriation, renting or
leasing, or borrowing (typically through bonds)?
• Given the high growth rate of unfunded pension liabilities, should one-time pension payments take priority over
some of the proposed infrastructure spending?
Ongoing Budget Commitments
• What is the Legislature’s tolerance for the risk of future budget problems?
• Considering the future budget risks involved, does the Legislature want to make more ongoing commitments
than the Governor proposes?
• Which new ongoing commitments have the highest priority?
• What should be the mix of one-time and ongoing spending commitments within Proposition 98?
• If a downturn were to emerge soon, is there a plan for these new commitments (or other budget items) to be
adjusted to help keep the budget in balance?
a
The sales tax rate temporarily declines in certain instances if reserve balances reach a particular level, pursuant to Sections 6051.4 and 6051.45
of the Revenue and Taxation Code. The quarter-cent sales tax reductions would amount to around $1.5 billion for each year that they are in effect.
SFEU = Special Fund for Economic Uncertainties and BSA = Budget Stabilization Account.
to begin with a robust target for budget reserves commitments—particularly if the Legislature
for the end of 2016-17 and concentrate spending passes an extension of the MCO tax. Such a
on one-time purposes. This approach would still measured approach would better position the state
leave some funds available for targeted ongoing for any near-term economic downturn.
PROPOSITION 98
Below, we highlight the major features of the $66.7 billion, an increase of $387 million compared
Governor’s Proposition 98 package and offer our with the budget plan adopted last June. This
preliminary assessment of it. upward revision is due primarily to an increase in
the amount of local property tax revenue received
Major Features of Governor’s Plan
by schools and community colleges. (Because Test 1
Minimum Guarantees for 2014-15 and is operative in 2014-15, increases in property tax
2015-16 Revised Upward. As shown in Figure 7 revenue result in a higher overall Proposition 98
(see next page), the administration’s revised funding level rather than offsetting General Fund
estimate of the 2014-15 minimum guarantee is costs.) The administration’s revised estimate of the
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2016-17 BUDGET
Figure 7
Tracking Changes in the Proposition 98 Minimum Guarantee
(In Millions)
2014-15 2015-16
January January
June 2015 2016 June 2015 2016
Estimate Estimate Change Estimate Estimate Change
Minimum Guarantee
General Fund $49,608 $49,554 -$54 $49,416 $49,992 $575
Local property tax 16,695 17,136 441 18,993 19,183 191
Totals $66,303 $66,690 $387 $68,409 $69,175 $766
2015-16 guarantee is $69.2 billion, an increase of shown in Figure 8, the Governor’s budget includes
$766 million compared with the June budget plan. $71.6 billion in total Proposition 98 funding in
This increase is due primarily to an increase in 2016-17. This funding level is $3.2 billion above the
General Fund revenue, which requires the state to 2015-16 Budget Act level and $2.4 billion over the
make a larger maintenance factor payment. Upon revised 2015-16 level. Under the Governor’s budget,
making this maintenance factor payment, the state Test 3 is operative in 2016-17, with the higher
will have paid off all maintenance factor created guarantee primarily resulting from a 2.4 percent
during the last recession, leaving no maintenance increase in per capita General Fund revenue and
factor outstanding for the first time since 2005-06. the higher prior-year level carrying forward. The
2016-17 Minimum Guarantee Increases administration estimates that the state creates
Notably Over 2015-16 Budget Act Level. As $548 million in new maintenance factor in 2016-17.
Figure 8
Proposition 98 Funding by Segment and Source
(Dollars in Millions)
Change From 2015-16
2014-15 2015-16 2016-17
Revised Revised Proposed Amount Percent
K-12 Educationa
General Fund $44,496 $44,536 $45,442 $906 2.0%
Local property tax 14,834 16,560 17,802 1,242 7.5
Subtotals ($59,330) ($61,096) ($63,244) ($2,148) (3.5%)
California Community Collegesb
General Fund $4,979 $5,373 $5,447 $74 1.4%
Local property tax 2,302 2,624 2,812 188 7.2
Subtotals ($7,281) ($7,997) ($8,259) ($262) (3.3%)
Other Agenciesc $80 $82 $83 — 0.3%
Totals $66,690 $69,175 $71,585 $2,410 3.5%
General Fund $49,554 $49,992 $50,972 $980 2.0%
Local property tax 17,136 19,183 20,613 1,430 7.5
a
Includes State Preschool in 2014-15 and 2015-16 and proposed early education block grant in 2016-17.
b
Includes $500 million for adult education regional consortia in 2015-16 and 2016-17.
c
Consists entirely of General Fund.
10 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
Significant New Proposition 98 Spending. local education agencies (LEAs) and potentially
Under the Governor’s budget, the combined other entities that currently offer State Preschool.
increases in the minimum guarantees for the The Governor indicates the funds would be
three-year period result in $4.3 billion in additional distributed based upon population and need,
Proposition 98 spending. In addition, the Governor but the proposal also includes a hold harmless
proposes to make a $257 million settle-up payment provision for LEAs and potentially other preschool
related to meeting the 2009-10 guarantee. The providers. The Governor proposes developing
Governor scores this amount as a Proposition 2 the details of the new preschool program
payment. After making this payment, the state through a stakeholder process, with more details
would have $1 billion in outstanding settle-up. released at the May Revision. Key details to be
Under the Governor’s budget, K-12 Proposition 98 addressed include eligibility criteria, curriculum
funding per pupil increases from a revised 2015-16 requirements, funding rates, staffing requirements,
level of $10,237 to $10,605 in 2016-17, an increase child-to-staff ratios, and the possibility of non-LEA
of $368 (3.6 percent). Proposition 98 funding for grant recipients. The Governor’s intent is that the
community colleges increases from a revised block grant provide considerable local discretion.
2015-16 level of $6,878 per full-time equivalent Dedicates Substantial One-Time Funding to
(FTE) student to $7,003 per FTE student in Paying Down Education Mandate Backlog. The
2016-17, an increase of $125 (1.8 percent). Below, Governor’s budget provides $1.4 billion to pay
we highlight the Governor’s major Proposition 98 down the K-14 mandate backlog ($1.3 billion for
spending proposals. K-12 and $76 million for community colleges).
Dedicates Most New Ongoing K-12 Although the Governor outlines several areas that
Proposition 98 Funding to Local Control Funding the funding could support (including professional
Formula (LCFF). The Governor’s budget proposes development and deferred maintenance), LEAs
a $2.8 billion augmentation to LCFF, reflecting a would be allowed to use the funds for any
6 percent per-pupil increase over the 2015-16 LCFF purpose. As in previous years, the funding would
level. The Governor estimates this increase will be distributed to school districts, county offices
close 49 percent of the remaining gap to the LCFF of education, charter schools, and community
target rates. Under the Governor’s proposal, the colleges on a per-student basis. The administration
LCFF would be approximately 95 percent funded in estimates about 60 percent of the amount allocated
2016-17. ($786 million) would reduce the backlog, with
Restructures Preschool Programs. The many LEAs receiving funding in excess of their
Governor proposes to redirect $1.7 billion in existing claims. After making this payment, the
Proposition 98 funds to create a new block administration estimates the state would have a
grant intended to benefit low-income and at-risk remaining mandate backlog of $1.8 billion.
preschoolers (four year olds and young five year Creates New Workforce Program, Makes
olds). Specifically, the proposal would redirect Another Permanent. The budget includes
all Proposition 98 funds from State Preschool $200 million in new ongoing funding to implement
($878 million), Transitional Kindergarten recommendations of the Board of Governors Task
($726 million), and the State Preschool Quality Force on Workforce, Job Creation, and a Strong
Rating and Improvement System (QRIS) Grant Economy. The new “Strong Workforce Program”
($50 million). The block grant would be given to would require community colleges to collaborate
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2016-17 BUDGET
with education, business, labor, and civic groups estimates, roughly $700 million is related to
to develop regional plans for career technical the dissolution of redevelopment agencies. The
education (CTE). The regions would be based administration’s lower estimate does not appear to
on existing planning boundaries for the federal reflect growth in the tax increment associated with
Workforce Innovation and Opportunity Act. former redevelopment agencies or the reduction in
The budget also includes $48 million in ongoing redevelopment-related debt. The remaining roughly
funding to support the CTE Pathways Program. $300 million difference is due to the administration
Over the last 11 years, this program has supported having lower estimates of assessed property values.
regional collaboration among schools, community Whereas the administration estimates that assessed
colleges, and local businesses to improve career property values will grow by 5.6 percent in 2015-16
pathways and linkages. The state had scheduled and 2016-17, we estimate growth rates of 6 percent
to sunset the program at the end of 2014-15 but in 2015-16 (based on the latest data submitted by
extended it in 2015-16 using one-time funding. county assessors) and at least 6 percent in 2016-17
The Governor proposes that future CTE Pathway (based on continuing growth in housing prices). If
funding align with the regional plans developed local property tax revenue comes in higher than the
under the Strong Workforce Program, but the administration estimates, Proposition 98 General
Pathway program would continue to have separate Fund costs will be correspondingly lower and
categorical requirements. available non-Proposition 98 General Fund will be
Initiates Five-Year Plan for Transitioning higher.
All Subsidized Child Care to Voucher System. Budget Plan Provides Modest Cushion Against
In addition to his major Proposition 98 preschool Potential Downturn. Though we anticipate the
restructuring proposal, the Governor has a major state’s economic growth will continue in the near
non-Proposition 98 child care restructuring proposal. term, the minimum guarantee could decrease in
Currently, the state offers child care through a mix 2017-18 or future years if stock market prices were
of direct contracts with providers and vouchers that to drop or growth in the economy and personal
families can use for various child care arrangements. income were to decline. Such a scenario serves as a
The Governor proposes trailer bill language that caution against the state committing all available
would require the California Department of Proposition 98 funding for ongoing purposes. The
Education (CDE) to develop a five-year plan for Governor’s budget dedicates $520 million of the
eliminating direct contracts and transitioning all funding within the 2016-17 minimum guarantee
subsidized child care to a voucher system. for one-time activities. This effectively reflects
a cushion of less than 1 percent (0.7 percent). If
LAO Comments
the guarantee were to decline by more than this
Administration’s Estimate of Local Property amount in 2017-18, the Legislature might have to
Tax Revenue Too Low. The administration reverse its progress toward LCFF implementation
estimates that local property tax revenue counting or make reductions to other ongoing programs.
toward Proposition 98 will be $19.2 billion in The Legislature could consider dedicating a larger
2015-16 and $20.6 billion in 2016-17. We think share of 2016-17 funding for one-time activities to
these estimates are about $1 billion too low across minimize the likelihood of such future reductions.
the two-year period. Of the $1 billion difference Prioritizing LCFF Implementation Consistent
between the administration’s estimates and our With State’s Prior-Year Actions. The Governor’s
12 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
plan to dedicate most additional ongoing K-12 the LCFF by keeping funding linked to children
funding to LCFF implementation is consistent and treating similar children similarly—meaning
with the Legislature’s approach over the past the state would provide the same or about the
three years. By continuing to prioritize LCFF same amount of funding per low-income child
implementation in 2016-17, both the Governor and regardless of district and expect the same or
the Legislature would be fostering greater local about the same type and quality of service. As
control and flexibility while simultaneously making with LCFF, having this type of transparency and
progress toward providing additional funding for equity does not have to come at the expense of
disadvantaged students. flexibility. Preschool providers still could build
Recommend Legislature Adopt Governor’s their programs consistent with local interests and
Basic Preschool Restructuring Approach. We priorities (such as using different learning content
believe consolidating preschool funding and or emphasizing different wraparound services).
prioritizing funds for low-income children would In building the new preschool program, we also
be a major improvement over the state’s existing recommend the Legislature minimize initial
preschool policies. Consolidating existing funding disruption to preschool providers while avoiding
streams into one funding stream that has uniform permanently locking in funding allocations that
application would simplify and streamline the would undermine other key principles, including
existing system while potentially allowing for transparency, equity, and accountability.
greater consistency in service. Prioritizing funds for Recommend Legislature Consider Most
low-income children would ensure that the state’s Appropriate Way of Retiring Existing Mandate
available resources are directed to those most in Backlog. We believe the Governor’s basic mandate
need of the support, as low-income families are backlog approach of providing a per-student
less likely than higher-income families to be able to allocation to all LEAs is reasonable, as all LEAs
afford preschool on their own. Moreover, one of the were required to undertake specified mandated
more consistent research findings is that preschool activities in previous years. A per-student
provides greater initial benefits to children from approach, however, very likely will never eliminate
low-income than high-income families. the existing backlog entirely because the amount of
Ensure New Preschool Program Upholds remaining claims per student varies significantly
Key Principles. In developing a new preschool across the state, with a few LEAs having much
program for low-income children, we recommend higher per-student claims than other LEAs. We
the Legislature keep certain key principles in estimate the state would need to provide more than
mind. Of primary importance, we recommend the $150 billion to eliminate the existing backlog using
Legislature establish a clear objective for the new such an approach. We recommend the Legislature
program. California’s existing preschool programs consider ways to eliminate the backlog entirely
have tended to suffer from a lack of both clarity without necessarily rewarding a few LEAs that filed
and unity of overarching objectives. Without much higher claims than all other LEAs. One such
clear objectives, the state would not be able to approach would be to provide an amount equal to
assess whether a new program is functioning as or in excess of the remaining backlog, distribute on
intended and producing desired public benefits. a per-student basis, but make a condition of receipt
In building the new preschool program, we also that participating LEAs accept the funding in lieu
recommend the Legislature build off the tenets of of all outstanding claims.
www.lao.ca.gov Legislative Analyst’s Office 13
2016-17 BUDGET
Better Regional Alignment of Workforce than adding to the complexity and fragmentation
Education a Laudable Goal but Governor’s of the state’s workforce system, we recommend
Approach Further Fragments Already Fragmented the Legislature remain focused on the overarching
System. By creating a new workforce education vision of moving toward a more coherent and
program and making permanent an otherwise integrated system. The Legislature could work
expiring one, the Governor’s proposals would toward this end by further consolidating and
hinder the state’s goal of creating a more coherent streamlining existing workforce programs rather
and integrated workforce development system. than creating new ones.
In 2015-16, the state budgeted $6 billion for more Recommend Legislature Adopt Child Care
than 30 workforce programs administered across Restructuring Approach and Provide Guidance
nine state agencies. Of these amounts, $2.6 billion to CDE in Developing Transition Plan. Shifting
and nine programs were administered or all subsidized child care to a voucher system would
co-administered by community colleges. To comply have many benefits, including allowing more
with the requirements of these existing workforce low-income, working families to have flexibility
programs, community colleges already participate in finding helpful child care arrangements.
in numerous local and regional consortia of We recommend that the Legislature adopt the
education, business, labor, and civic groups. Each Governor’s basic approach and provide guidance
of these programs also has unique service and to CDE as it develops a transition plan. Specifically,
accountability requirements. The new workforce we recommend that the Legislature task CDE with
program the Governor proposes would add another creating a plan that would provide one child care
set of rules to the current mix. Continuing the reimbursement rate structure, one set of minimum
otherwise expiring CTE Pathways program would statewide standards, and one streamlined set of
retain a separate set of rules permanently. Rather associated administrative processes.
INFRASTRUCTURE
Governor’s Proposals for transportation programs. These proposals are
generally reflected in the Governor’s proposed
The Governor’s budget includes various
budget for 2016-17. Specifically, the Governor’s
proposals to improve public infrastructure, such
transportation funding package proposes to
as the state highway system, state office buildings,
provide an estimated $3.6 billion annual increase
schools, local streets and roads, and county jail
for state and local transportation infrastructure
facilities. We describe each of these—and other—
programs. Revenue from the funding package
proposals below.
would phase in during 2016-17 and 2017-18 and
Transportation Funding Package ($3.6 Billion
provide a permanent ongoing increase thereafter.
Special Funds). On the day the Governor signed
The funding package includes primarily new
the 2015-16 Budget Act, he called a special
tax revenues, but also redirects certain existing
legislative session on transportation funding. As
revenues. Specifically, the funding package
part of this special session, the Governor proposed
includes:
last fall a package of proposals to increase funding
14 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
• $2 billion annually from a new $65 vehicle or replacement of some buildings up front on a
registration tax. “pay-as-you-go” basis, rather than financed by
borrowing through the use of long-term bonds. We
• $1 billion annually from increases in
note, however, that the administration envisions
gasoline and diesel excise tax rates,
constructing the new Natural Resources Building
including indexing these rates for inflation.
using a lease-to-purchase approach.
The Governor’s proposal follows the July
• $500 million annually from cap-and-trade
2015 release of a long-range planning study of
auction revenues.
office space in the Sacramento region that was
• $100 million from efficiencies at the required as part of the 2014-15 budget package.
California Department of Transportation The study identified various deficiencies at 29 state-
(Caltrans) resulting from various minor owned office buildings and ranked the Natural
changes to streamline project delivery Resources Building, Personnel Building, and Paul
processes. Bonderson Building as those in most critical need
of renovation or replacement. The study excluded
In addition, the budget assumes that
several buildings not considered as typical office
$879 million in prior loans from transportation
space, including the Food and Agriculture Annex
accounts are repaid over a four year period from
and State Capitol Building and Annex.
2016-17 through 2019-20.
UC Merced Campus Expansion ($1.1 Billion
The proposed budget allocates about half of the
State and Nonstate Funds). Pursuant to Chapter 50
new transportation revenues to the state and half
of 2013 (AB 94, Committee on Budget), the
to local agencies to support various existing and
Department of Finance (DOF), rather than the
new programs. Specifically, the Governor proposes
Legislature, approves the University of California’s
to allocate about $1.5 billion to rehabilitate state
(UC’s) capital outlay requests. For 2016-17,
highways, about $1.4 billion for local streets and
Chapter 50 requires DOF to submit an initial list
roads, $400 million for transit, $200 million to
of approved projects to the Legislature by February
improve trade corridors, and $120 million for state
1, 2016 and a final list no earlier than April 1, 2016.
highway maintenance.
On September 1, 2015, UC submitted a proposal to
State Office Buildings ($1.5 Billion General
DOF to expand the Merced campus significantly.
Fund). The Governor’s budget proposes one-time
Specifically, the proposal seeks to grow enrollment
funding of $1.5 billion from the General Fund to
on the campus from 6,200 to 10,000 students by
be deposited into a new State Office Infrastructure
2020. The project would cost $1.1 billion and add
Fund (SOIF). Under the proposal, monies in
917,500 square feet of facility space to the campus
this fund would be continuously appropriated
(more than doubling existing space). The UC is
for the replacement and renovation of various
requesting from DOF the authority to use its main
state office buildings in the Sacramento area. The
General Fund appropriation to pay for debt service
Governor proposes spending $10.1 million from
on about half the project’s total costs (with nonstate
SOIF in 2016-17 to initiate the replacement or
funds used for debt service on the remainder). The
renovation of three state buildings: the Food and
UC plans to enter into a public-private partnership
Agriculture Annex, the State Capitol Annex, and
to finance, design, build, operate, and maintain the
the Natural Resources Building. The SOIF could
project’s facilities.
enable the administration to fund the renovation
www.lao.ca.gov Legislative Analyst’s Office 15
2016-17 BUDGET
Deferred Maintenance ($807 Million equipment, and water conservation projects. The
Various Funds). The Governor’s budget and the remaining $18 million is from the Motor Vehicle
associated five-year infrastructure plan identify Account for the deferred maintenance needs at
state infrastructure deferred maintenance needs of the California Highway Patrol and Department
$77 billion, the large majority of which is related of Motor Vehicles. (By comparison, the 2015-16
to the state’s transportation system and addressed Budget Act included $120 million in one-time,
by the transportation funding package discussed non-Proposition 98 General Fund support
above. The budget proposes one-time spending for deferred maintenance and $148 million in
totaling $807 million from various sources toward Proposition 98 funds for deferred maintenance
addressing these needs. Of the total, the Governor projects and certain other one-time purposes at the
proposes $500 million in non-Proposition 98 community colleges.)
General Fund support for various entities as shown County Jail Construction ($250 Million
in Figure 9. The proposal also includes $289 million General Fund). Since 2007, the state has approved
from budget-year and prior-years’ Proposition 98 three measures authorizing a total of $2.2 billion
funds for the California Community Colleges. in lease-revenue bonds to fund the construction
Under the proposal, this funding could be used and modification of county jails. For example, the
to address deferred maintenance, instructional 2014-15 budget package authorized $500 million
in lease-revenue bonds for jail construction.
Figure 9
The Governor’s budget for 2016-17 proposes an
Administration’s General Fund
additional $250 million from the General Fund for
(Non-Proposition 98) Deferred Maintenance
jail construction. According to the administration,
Proposal
the proposed funds would be awarded to counties
(In Millions)
that have either (1) not received any of the above
Department/Program Proposed Amount
$2.2 billion or (2) received less funding than they
Water Resources $100.0 requested. Under the proposal, counties would be
State Hospitals 64.0
subject to a 10 percent match requirement, except
Judicial Branch 60.0
Parks and Recreation 60.0 that small counties (population of 200,000 or less)
Corrections and Rehabilitation 55.0 would be subject to a 5 percent match requirement.
California State University 35.0
School Facilities. The Governor continues to
University of California 35.0
Developmental Services 18.0 express interest in working with the Legislature to
Fish and Wildlife 15.0 improve the state’s existing school facility program
Military Department 15.0
and revisit how the state and schools share facility
General Services 12.0
Veterans Affairs 8.0 costs. While emphasizing the need for a revamped
Forestry and Fire Protection 8.0 program, the Governor notes that the proposed
State Special Schools 4.0
$9 billion school bond for the November 2016
California Fairs 4.0
Science Center 3.0 ballot makes no changes to the existing school
Hastings College of the Law 2.0 facility program. Despite raising various concerns
Emergency Services 0.8
with both the existing school facility program
Conservation Corps 0.7
Food and Agriculture 0.3 and the already eligible school bond measure, the
San Joaquin River Conservancy 0.2 Governor’s budget package contains no specific
Total $500.0
alternative.
16 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
LAO Comments consideration with regard to any school facility
funding changes.
Much of the state’s infrastructure is aging and
Consider Appropriateness of Funding Sources.
needs to be renovated, adapted, or improved to
In addition, the Legislature will want to consider
meet current and future needs. Thus, we think the
the appropriate sources of funding to address
Governor’s attention to infrastructure makes sense.
the identified infrastructure needs. For example,
However, the Governor’s specific proposals raise
the Governor proposes a mix of permanent tax
several issues that merit legislative consideration.
increases and one-time and ongoing uses of
Specifically, in reviewing the proposals the
existing special fund and General Fund resources
Legislature will want to consider (1) its priorities for
to fund the various infrastructure proposals. The
funding infrastructure, (2) the appropriate sources
Legislature may want to ensure that permanent
of funding to address the identified infrastructure
funding sources (such as new tax revenues) are
needs, (3) the appropriate financing approach to
used to meet ongoing needs, whereas one-time
address the identified infrastructure needs, (4) the
funding sources are aligned with one-time needs
extent to which funding will be allocated to the
(such as reducing backlogs of required maintenance
highest priority and most cost-effective projects,
work).
(5) whether the proposals include adequate
Weigh Trade-Offs of Proposed Financing
long-term plans for addressing infrastructure
Approaches. The Legislature will want to
needs, and (6) whether the proposals allow for
consider the appropriate financing approach
sufficient legislative oversight.
for infrastructure projects—whether direct
Assess Priorities for Funding Infrastructure.
appropriations (pay-as-you-go), renting or leasing,
In reviewing the Governor’s infrastructure
or borrowing (typically through the issuance of
proposals, the Legislature will want to consider
bonds). For example, the proposed SOIF could
how it prioritizes infrastructure spending
enable the administration to fund some renovations
compared to other important state needs, as well
and replacements of state office buildings on a
as which types of infrastructure spending are of
pay-as-you-go basis rather than through bonds. It
highest priority. As it considers these priorities, the
is reasonable to fund projects that provide services
Legislature will want to think about whether there
over many years, such as building replacements,
are other ways to meet state infrastructure needs,
through bonds that are repaid over time. While
such as by adopting strategies to reduce demands
bonds are somewhat more expensive than direct
for infrastructure through policies that increase
appropriations, as the state must pay interest on
utilization, encourage less costly alternatives, or
them, the difference in costs is less significant in
improve efficiency. Similarly, the Legislature will
the current low-interest rate environment. Thus,
want to consider how recent policies have impacted
the Legislature will have to weigh the benefits of
the demand for certain infrastructure, such as the
spreading costs out over time (thus freeing up
passage of Proposition 47 (2014), which reduced
funding for other legislative priorities) against the
workload for county jails by reducing jail terms
modest extra cost of using bonds. Additionally, the
for certain offenders. Additionally, the Legislature
Legislature will want to consider whether a public-
will want to determine the extent to which the state
private partnership is the preferred approach for
should bear responsibility for costs related to local
undertaking the UC Merced project, given that the
infrastructure. This will be a particularly important
www.lao.ca.gov Legislative Analyst’s Office 17
2016-17 BUDGET
state has experienced some challenges with using Sacramento office space did not include a required
public-private partnerships in the past. funding and sequencing plan for the renovation
Ensure Funding Allocated to Most or replacement of state office buildings over the
Cost-Effective and Highest Priority Projects. The next 25 years. Without such a plan, it can be
Legislature will also want to ensure that funding difficult for the Legislature to adequately evaluate
is allocated to the most cost-effective and highest the Governor’s proposal for funding state office
priority projects. For example, the Governor’s buildings.
deferred maintenance proposal does not include Allow for Sufficient Legislative Oversight.
a specific list of proposed projects, which makes For any new funding provided, the Legislature
it difficult to evaluate whether the administration will want to have accountability measures in place
prioritized the distribution of deferred maintenance to ensure that funds are spent in a manner that
funds to the highest priorities. Additionally, best meets the state’s needs. For example, we have
funding highway maintenance is significantly more recommended in the past that the Legislature
cost-effective than allowing highways to deteriorate establish project-level accountability for Caltrans
such that major rehabilitation is needed. However, projects by requiring the independent California
the Governor’s plan provides only a minor increase Transportation Commission to oversee the
for highway maintenance. Moreover, we note that cost, scope, and schedule of all state highway
the Governor’s transportation proposals would rehabilitation projects.
create additional and more complex formulas for Additionally, we have recommended in
allocating funds among programs. The Legislature the past that the Legislature evaluate projects
could consider simplifying the system of allocating through the typical state budget process. Some
transportation revenues to better ensure funding is 2016-17 proposals circumvent routine legislative
allocated to the highest priorities. The Legislature oversight. For example, by being continuously
also faces challenges in ensuring any new school appropriated, the Legislature would not have an
facility funding goes to the most cost-effective and opportunity to evaluate SOIF projects through
highest priority projects, as the Governor and many the typical state budget process. We strongly
other groups believe the state’s existing allocation recommend the Legislature not take this approach
approach is seriously flawed. to allocating SOIF funds as it would greatly reduce
Require Long-Term Planning. Long-term the Legislature’s ability to ensure that funds are
planning is required to ensure that infrastructure allocated to the highest priority projects and are
is well constructed and maintained. Accordingly, adequately overseen. Additionally, by requiring
the Legislature will want to make sure that the only DOF approval, the Legislature would not
administration has provided sufficient information have an explicit opportunity to evaluate the UC
on long-term plans to help ensure that the funds Merced project, despite it being a major, complex,
will be spent in the most effective manner. For and costly campus expansion. The Legislature
instance, while allocating one-time funding likely will want to consider what the appropriate
for deferred maintenance is a step in the right process is for reviewing these types of projects,
direction, the Governor has not identified a allocating associated funds, and maintaining
long-term plan to address the overall backlog or adequate accountability. The Governor’s deferred
the underlying causes of deferred maintenance. maintenance proposal also limits legislative
Additionally, the long-range planning study of oversight by not identifying the specific projects
18 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
that would be funded. Rather, the proposal is to Legislature’s ability and time to ensure that the
notify the Legislature of projects after enactment funded projects are aligned with its priorities.
of the budget. This process essentially limits the
HEALTH AND HUMAN SERVICES
MCO Tax revenues from the restructured MCO tax
would draw down sufficient federal funds
Proposes Revised MCO Tax. The state’s
to maintain the current $1.1 billion “offset”
existing MCO tax leverages federal Medicaid
for Medi-Cal costs that otherwise would
funds that offset General Fund spending for
be paid from the General Fund. Pending
Medi-Cal local assistance by over $1.1 billion in
legislative approval of a revised MCO tax,
2015-16. Under current law, this MCO tax expires
the Governor’s budget proposal holds
on July 1, 2016. The federal government issued
most of the 2016-17 MCO tax revenues
guidance that California’s MCO tax is likely
in a special fund reserve. Therefore, the
incompatible with federal Medicaid requirements
expenditure authority would need to
for health-care related taxes and California must
be granted to spend these revenues on
make changes necessary to bring the tax structure
Medi-Cal or other purposes if an MCO tax
into compliance by no later than the end of this
is approved. The restructured tax would
legislative session. While the administration
also raise an additional $236 million in
and the Legislature have considered different
2016-17. This amount would provide the
approaches to structuring a permissible MCO
nonfederal share of the Medicaid funding
tax, to date no legislation has been enacted to
needed to continue the restoration of IHSS
authorize such a replacement tax. The Governor’s
hours that were eliminated as a result of
budget includes a revised MCO tax structured
the previous 7 percent reduction in service
with the intent of complying with federal Medicaid
hours. (The 2015-16 budget restored these
requirements.
IHSS hours on a one-time basis using
Governor’s Plan Structured to Meet Several
General Fund resources.)
Goals. The Governor’s proposed MCO tax plan is
structured to meet three administration goals:
• Limit Financial Impact of the Tax on
• Meet Federal Requirements. According MCOs. While exact details are not yet
to the administration, the proposed MCO available, the administration indicates its
tax is structured so as to meet federal plan would cut other taxes paid by some
requirements. However, the state would MCOs—specifically, their corporation and
still need to seek formal federal approval insurance taxes that are paid to the state
of any restructured MCO tax the state General Fund. The administration reports
ultimately adopts. that its plan would reduce corporate and
insurance taxes by about $370 million per
• Aid General Fund and Pay for Restored
year. After these tax cuts are taken into
In-Home Supportive Services (IHSS)
account, the administration estimates
Hours. Under the Governor’s proposal,
www.lao.ca.gov Legislative Analyst’s Office 19
2016-17 BUDGET
the MCO industry overall would receive of the proposed MCO tax would require
a $90 million net benefit annually. (We the state to formally request the federal
understand that some individual plans may government to waive certain federal
receive a net benefit under the plan, while requirements for health care-related taxes
others may be worse off financially.) in seeking federal approval for the MCO
tax. While the administration is of the view
Possible Effects on Other Budget Items. Under
the proposed MCO tax is permitted under
the Governor’s proposal, revenues from the MCO
federal Medicaid rules, federal approval is
tax are not currently proposed to be spent in the
not certain. Accordingly, if the Legislature
Department of Developmental Services (DDS)
passes a revised MCO tax, it should
budget in 2016-17. The Governor’s budget summary
consider contingency budget plans in the
indicates “additional targeted spending proposals”
event that the federal government rejects
in DDS would likely be funded from a revised
the state’s plan.
MCO tax. The budget summary also indicates
the administration may seek to end the state’s
• General Fund Revenues and School
Coordinated Care Initiative for persons eligible for
Funding. The Governor’s proposal would
both Medi-Cal and Medicare if a revised MCO tax
cut taxes that MCOs pay to the state’s
is not approved.
General Fund. Reductions in General Fund
Issues for Legislative Consideration. Given the
tax revenues result in lower Proposition 98
need to seek federal approval, the administration
school funding requirements in most years.
has indicated it seeks swift approval of a revised
Accordingly, the Governor’s plan could
MCO tax. Below, we suggest several issues
reduce school funding requirements in
for legislative consideration in reviewing the
some future years—perhaps by a couple
Governor’s proposal:
hundred million dollars, based on the
• Distributional Impact on MCOs. While administration’s estimates of General Fund
the administration considers that its revenue loss. The administration’s budget
proposal would result in a net benefit to estimates do not consider these effects. In
the MCO industry overall, the net financial addition, the administration’s estimates
effects for individual plans would vary. do not consider the possible effects of
Some plans would face a net fiscal liability recent appellate court and Franchise
while other plans would benefit. The Tax Board determinations related to
market impacts of the uneven distribution certain health plans’ tax obligations. Most
of tax liability across plans should be notably, a September 2015 state appellate
considered to assess whether there may be court decision (Myers v. State Board of
unintended negative consequences for the Equalization) found that certain managed
industry and consumers. care plans could potentially be regarded
as insurers, which would subject them to
• Required Federal Approval Is Not Certain.
the state’s insurance tax. If the Governor’s
In addition to obtaining authority from
MCO tax plan relieves those plans of
the Legislature to enact the proposed MCO
their future obligations to pay insurance
tax, the state must also seek approval from
taxes, the resulting General Fund revenue
the federal government. The structure
20 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
loss—and the related reduction in school Funding to Begin Compliance Efforts With
funding requirements—may be larger than New Federal Regulations. The Governor’s budget
discussed above. provides $17.1 million ($12.2 million General Fund)
to support compliance by March 2019 with new
Developmental Services federal requirements related to Medicaid-funded
community-based services. California receives
The 2016-17 budget provides for several new
about $1.7 billion in federal funds annually for
spending proposals in the DDS. These major budget
these services in the DDS budget. The new federal
proposals are primarily to support community
rules require that services are provided in settings
services and their development, as described below.
that are integrated with the larger community.
The budget also includes a proposal for additional
The proposed funding would support 21 Program
headquarters staff resources to improve DDS’ fiscal
Evaluator positions within the RCs to evaluate and
oversight of services provided to persons with
monitor compliance and would provide resources
developmental disabilities.
to providers for service modifications and staffing
Budget Assumes a New Rate for Certain
needs to meet compliance. Noncompliance with
Residential Facilities. The Governor’s budget
these regulations could put federal funding
proposes $46 million ($26 million General Fund) to
at risk. While the Governor’s proposal shows
allow for the development and implementation of
the administration’s commitment to bringing
a new rate for certain residential facilities serving
California into compliance, it is unclear how this
four or fewer individuals. These facilities are
proposal would be implemented and the extent
currently funded through a rate methodology—
to which the funding levels provided for service
known as the Alternative Residential Model (ARM)
changes move the state toward full compliance with
rate—which has not been updated in many years.
the federal regulations.
This rate methodology was established based on
Additional Service Development Funds
the assumption that each home would support
Support Developmental Center Closures.
six residents. Therefore, the current individual
In May 2015, the administration announced
rate-per-consumer paid to facilities assumes
plans to initiate closure of the state’s remaining
that overhead and staffing costs is spread across
developmental centers, with some exceptions. The
six placements, even though Regional Centers
2015-16 spending plan reflects the Legislature’s
(RCs) are increasingly using facilities with fewer
approval of the Governor’s intent in concept. On
placements, which is generally consistent with
October 1, 2015, DDS submitted to the Legislature
federal policy direction. The new rate would
a plan to close Sonoma Developmental Center and
be based on a four-bed model. Because many
in November 2015 announced intent to submit
individuals residing in DDS-funded residential
similar closure plans for Fairview Developmental
homes are in ARM-rate facilities, we think
Center and the general treatment area at Porterville
the Governor’s proposal merits consideration.
Developmental Center. The Governor’s budget
However, the Governor’s budget does not include
includes $78.8 million ($73.9 million General Fund)
any other proposed rate adjustments or reforms
in one-time resources for service development
for any other community service provider rates,
targeted for individuals transitioning from these
which continue to be of significant interest to the
centers. The state is at risk of losing additional
Legislature and part of ongoing stakeholder and
federal funding related to these developmental
legislative discussions.
www.lao.ca.gov Legislative Analyst’s Office 21
2016-17 BUDGET
centers due to violations generally related to clients’ of compliance with one or more caseload-ratio
health, safety, and rights. The state was able to requirements for the past two years. The Governor’s
reach a settlement agreement with the federal budget includes $17 million ($13 million General
government that would continue funding if certain Fund) to support an estimated 200 additional RC
terms are met, which include a commitment service coordinator positions. Caseload reports
to transition individuals out of Sonoma show RCs have had a longstanding noncompliance
Developmental Center. The state is in similar in meeting caseload-ratio requirements. We note
negotiations related to the other developmental that the Governor’s proposal does not appear to
centers proposed for closure. provide adequate funding to bring RCs into full
Budget Includes Funds to Support compliance with these ratios, and to the extent that
Improvements in RC Caseload Ratios. Current RCs are out of compliance with federal caseload
reports to DDS indicate that all RCs were out ratios, some federal funding could be at risk.
22 Legislative Analyst’s Office www.lao.ca.gov
2016-17 BUDGET
www.lao.ca.gov Legislative Analyst’s Office 23
2016-17 BUDGET
LAO Publications
The Overview section of this report was prepared by Ann Hollingshead and Ryan Miller, and many other LAO staff
members also contributed to the publication. The Legislative Analyst’s Office (LAO) is a nonpartisan office that provides
fiscal and policy information and advice to the Legislature.
To request publications call (916) 445-4656. This report and others, as well as an e-mail subscription service,
are available on the LAO’s website at www.lao.ca.gov. The LAO is located at 925 L Street, Suite 1000,
Sacramento, CA 95814.
24 Legislative Analyst’s Office www.lao.ca.gov