ACSA Region 2

 

 

 

ACSA Newsletter - Governmental Relations

 

 

 

November 19, 2009

Budget Advisory: LAO Releases Annual Five-year Forecast

 

TO:                 ACSA Leadership and Members

                        Interested Parties

 

FROM:           Adonai Mack, Legislative Advocate

                        Brett McFadden, Mgt. Services Executive

Budget Advisory:

LAO releases annual Five-year Forecast

Yesterday, the Legislative Analyst's Office released their annual California's Fiscal Outlook: The 2010-11 Budget.  The release of the report serves as a prelude to the annual budget deliberation process that begins every January with the release of the Governor's January Budget Proposal.  The following is ACSA's analysis and perspectives on this matter. 

 

Background - The LAO and this report

 

The Legislative Analyst's Office (LAO) is a non-partisan, independent arm of the California Legislature.  Mac Taylor is the appointed Legislative Analyst for the Legislative branch of state government.  Serving Mac Taylor is a cadre of budget and program analysts divided up into various topic and program units.  They are very talented, highly competent, and put out strong, independent analysis on behalf of the legislative members.  Since the passage of term limits, their primary area of responsibility is fiscal and budget analysis.  However, LAO staff will also conduct policy analysis when requested by members of the Legislature. 

 

The annual Fiscal Outlook provides analysis and projections as to the state's overall revenues, expenditures, and fiscal health during a five-year forecast period.  The report utilizes the latest data available pertaining to economic conditions, state revenues, and projected expenditures.  However, it is important to remember that the report is a projection.  It does not dictate final policy decisions and /or outcomes.  In this regard, we utilize the report to gauge what the budget picture could look like next year and develop appropriate advocacy strategies reflective of that environment.

 

The complete report is available at www.lao.ca.gov.

  

State's Budget Outlook

 

Similar to the past several years, the LAO is forecasting challenging budgetary conditions for the length of the forecast period.  In addition, without any corrective action the LAO is predicting that the state will be facing budget deficits year after year that could exceed $20 billion annually. The forecast provides yet another dire time for California's budget cycle.  The report detailed another budget deficit between now and the end of the 2010-11 fiscal year of $20.7 billion.  The current year budget (without corrective action) will end with a $6.3 billion deficit and the 2010-11 fiscal year contains a projected deficit of $14.4 billion between revenues and expenditures.

 

Current Year 2009-10: The July revisions to the 2009-10 Budget Act contained a $500 million reserve, but also relied on several questionable assumptions and estimates and included several one-time solutions to close a deficit that reached nearly $60 billion over two years.   The LAO is estimating that the current fiscal year is facing a $6.3 billion deficit between revenues and expenditures.  While revenues are coming in slightly lower than the estimates, the deficit is mainly due to several budget solutions that failed to materialize.  These failed solutions include:

  • The failure to reduce budget spending for the Department of Corrections and Rehabilitation to the tune of $1.4 billion.
  • Higher spending for the Medi-Cal Program by $900 million because the state did not obtain additional federal funding.
  • $800 million of higher General Fund spending related to a transportation lawsuit and the state's ability to use "spillover" gasoline sales tax to reduce General Fund spending. 

In addition to the above failed solutions, Proposition 98 spending is estimated to increase by nearly $1 billion in 2009-10.

 

Budget Year 2010-11: This may sound like a broken record, but the budget year will contain a major operating shortfall for the budget year 2010-11.  The LAO is estimating that the deficit for the budget year will be $14.4 billion.  This stems mainly from the uses of several one-time solutions to close last year's deficit.  These solutions included the use of federal stimulus funds, shifting funds from local governments to the state, and an acceleration of revenues on a one-time basis.  In addition, the administration's revenue estimates were far too optimistic which created a shortfall in revenues by several billions of dollars. The LAO is using higher expenditure estimates based on what they believe to be increased costs in MediCal, the impact of the transportation lawsuit and the failure to implement budget reductions to the prison system.

 

The LAO is estimating that revenues will stay flat for the 2010-11 fiscal year with a slight decrease. The LAO estimates that there will be a decline of $296 million in revenues resulting in a total of $87.7 billion in state revenues.

 

Long Term Forecast: For the past several years, the LAO has noted that the state will face ongoing budgetary challenges throughout the forecast period.  This year is no different.  In examining the state's finances through the 2014-15 fiscal years, the LAO estimates that the Legislature will have to solve budget shortfalls consistently through 2014-15.  The operating shortfalls for each year are created by several different factors.  In 2011-12, the temporary taxes implemented in 2009 will expire.


However, the spending requirements will likely increase.  The LAO also estimates that this will cause the deficit to reach $21.3 billion for the 2011-12 fiscal year.  Similarly, the 2012-13 fiscal year is estimated to have a shortfall of $23 billion due to the state being required to pay back the funding that was borrowed from local government under Proposition 1A.   The deficits decrease slightly at the end of the forecast period, but still hover between $18 and $20 billion.

 

Legislative Challenges and Outstanding Issues: Even though the Legislature maintains control of the budgeting process, the Legislature may not have its traditional flexibility in developing a state budget.  The LAO notes that the Legislature may have their hands tied because of stimulus funding, lawsuits and use of one-time solutions in the current year which are no longer available for the budget year. There are some unusual constraints related to the development of the budget for 2010-11.  These include the receipt of federal stimulus funds and the maintenance of effort requirements.  The maintenance of effort requirements are still applicable through the 2010-11 fiscal year. This is truly evident in K-12 education and higher education.  Further, Medi-Cal eligibility changes are also not possible due to the stimulus funding. Lastly, there are several ongoing legal issues based on budget actions that could increase the states expenditures.  These include: 

  • Challenges to the requirement in the 2009-10 budget for redevelopment agencies to make payments totaling $1.7 billion in 2009-10 and $350 million in 2010-11 to benefit the General Fund.
  • Over 20 lawsuits challenging the Governor's state employee furlough policy, which was budgeted to provide over $1 billion in savings in 2009-10.
  • The federal three-judge panel that is making a determination regarding prison overcrowding.

The LAO also noted that there are several other budget related items that will likely impact future state budget development. Currently, the state's retirement systems arecarrying unfunded retirement-related liabilities after declines in their investments in 2007-08 and 2008-09.  The unfunded costs could exceed $130 billion.  Also, the state's debt service ratio is rising rapidly due to a 2006 bond package. The LAO noted that the state's debt service will comprise 9 percent of the General Fund revenues by the end of the forecast period.

LAO Suggested Budget Options: The LAO offers several suggestions for the Legislature to adopt to address the budget deficit and solve the ongoing shortfall between revenues and expenditures.  These suggestions include:

  • Taking action early in an effort to prevent the budget gap from growing and losing out on savings that could be implemented now. 
  • Focus on solutions that have ongoing impacts because the state's problems are long-term in nature.
  • Prioritizing state funding and make hard decisions on which major state programs should be reduced. 
  • Include revenue options and prioritize revenues in the same manner that expenditures are prioritized
  • Aggressively seek new federal assistance especially in programs where the federal government provides much of the funding.
  • Trying the ballot again is a reasonable option, but the ballot initiatives should be straight-forward and not as complicated as the initiatives placed before the voters in May.  

Economic and revenue conditions

 

As we have mentioned previously, the economic conditions of the nation have a direct impact on the economic conditions of California.  Last year at this time, the national economy had deteriorated dramatically due to the decline of the housing market, a sharp increase in the energy market, and the credit market crisis.  The nation as well as California faced the worst economic times since the Great Depression.

 

The LAO believes that there is evidence that both the state and national economies are stabilizing and easing out of an economic recession. The LAO believes that we will see some recovery in 2010 and 2011.  Many of the economic indicators are showing signs of recovery.  Indicators such as the pace of job losses have lessened.  In addition, some housing markets in the state's urban areas are showing signs of improving. The LAO expects to see modest growth in personal income and the housing market in the next two years.  However, the LAO noted that unemployment will like take more time to recover.  It is likely that unemployment may increase slightly next year with gradual decreases toward the end of the forecast period. 

 

The LAO believes that the state revenues will decrease in the coming years before some growth returns in the out years.  The LAO noted that revenues will stay flat in 2010-11 but will drop significantly in 2011-12.  The main culprit for the decrease in revenues in 2011-12 is the tax policy changes that expire that year.  The temporary tax increase implemented in the 2008 and 2009 Budget Acts will expire that year.  The loss of that increase will overwhelm any growth the state might have seen.    However, the rest of the forecast period will see some growth return to the state's revenues.

 

Proposition 98

The interrelated relationship between the state's economic condition and the calculation of the Proposition 98 minimum guarantee continues in the LAO's estimate for education funding for the next several years. The decline in revenues over the past two years has caused the calculation of the minimum guarantee to fluctuate consistent with the state budget conditions.

 

Proposition 98 and COLA:

The LAO predicts that the Proposition 98 guarantee for 2009-10 will increase by $1 billion to $51.3 billion.  However, the LAO believes that the guarantee will see drops to the guarantee in the two consecutive years after that.  In 2010 -11 the guarantee is estimated to fall to $51 billion and then decrease further in 2011-12 to $49 billion.  The loss of the temporary taxes which expire in 2011 will have a significant impact on the calculation of the minimum guarantee. The up and down nature of Proposition 98 is also reflected in the cost-of-living adjustment calculations.  While the COLA stays fairly flat for the majority of the forecast, the LAO projects a negative COLA for the 2010-11 fiscal year. 

 

 Below are the LAO's five-year K-14 COLA estimates: 

  • 2010-11: -.35%
  • 2011-12: 1.62%
  • 2012-13: 1.67%
  • 2013-14: 1.92%
  • 2014-15: 2.28%

 

Out-year predictions: After consecutive years of decline, the LAO estimates that the minimum guarantee will begin to see increases beginning in 2012-13 through 2014-15.  The LAO believes that there will be a corresponding increase to property taxes during the last years of the forecast period and Proposition 98 will return to pre-recession levels by 2014-15.  However, it should be noted that in past years the LAO forecasted huge increases in Proposition 98 for these similar years.

 

Proposed budget actions: As noted above, the LAO is estimating that education is owed an additional $1 billion in the current year.   The LAO suggested several options to address the increase in funding.  These options include:

  • Pay it now with the understanding that the Legislature would have to make additional cuts to other state programs.
  • Create a settle up account and pay at another date or create a payment plan.
  • Suspend the minimum guarantee and create a maintenance factor.

 The LAO acknowledges that each of these options has positives and negatives for the Legislature.

 

ACSA perspectives

 

The LAO's forecast foreshadows what is likely to be another difficult year for K-12 financing.  The LAO forecast also provides a framework for the coming budget conditions and sets the stage for the release of the governor's January Budget Proposal. With that said, it is too early to determine how these budgetary conditions will interact with the capitol's political landscape. 

 

While the news of additional deficits is hardly surprising,  the LAO is not recommending any mid-year cuts to public education.  The LAO goes so far as to comment that it could be difficult to make any reductions to education funding because of the receipt of federal funds and the protection of the federal maintenance of effort requirement.


The state's fiscal condition combined with the attempt to qualify for federal Race to the Top funding will ensure that the next legislative session will continue to be interesting and challenging. With that said, ACSA is committed to ensuring that education receives adequate funding and that the integrity and solvency of school districts remains a top priority.  We will continue to provide additional advisories and alerts as budget discussions progress.  Should you have any questions, please contact me at 1-800-608-2272 or email me at amack@acsa.org.

 

Addendum:  2010 Budget Perspective Workshops

 

ACSA, along with School Innovations & Advocacy, will once again host a series of Budget Perspectives 2010 workshops around the state.  These workshops will be held in various locations on January 13, 14 and 15.  Locations will be provided soon.