BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 103| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 103 Author: Assembly Budget Committee Amended: 5/2/12 in Senate Vote: 21 SENATE BUDGET & FISCAL REVIEW COMMITTEE : 9-3, 5/3/12 AYES: Leno, Alquist, DeSaulnier, Evans, Hancock, Liu, Lowenthal, Negrete McLeod, Wolk NOES: Emmerson, Gaines, La Malfa NO VOTE RECORDED: Anderson, Fuller, Simitian, Wright ASSEMBLY FLOOR : Not relevant SUBJECT : State Cash Resources: Budget Trailer Bill SOURCE : Author DIGEST : This bill provides the necessary statutory changes in the area of cash management and cash deferrals in order to ensure sufficient cash reserves during the 2012-13 fiscal year. Senate Floor Amendments of 5/3/12 (1) delay the year-end apportionment payment certification process for about two weeks to capture anticipated property tax revenues and avoid state overpayments to K-12 local education agencies (LEAs), and (2) allow eligible K-12 LEAs to receive a payment deferral exemption without a year-end apportionment certification. CONTINUED AB 103 Page 2 ANALYSIS : Since 2010, the state has employed a version of the intra-year deferrals of major cash payments to schools, universities, and counties in an effort to conserve cash resources and manage the external cash borrowing necessary to ensure the solvency of the state. This trailer bill contains the following major amendments related to cash management. Most of the payment deferrals proposed for 2012-13 are similar to deferrals approved last year for 2011-12. However, the deferrals to K-12 schools are significantly less than they have been in prior budgets. 1. Scheduled Deferrals - General . Authorizes General Fund payments to be deferred starting in July 2012, October 2012, and March 2013, except as specified below. The deferrals can be made for no more than 60 days, 90 days, and 60 days, respectively. These deferrals may be triggered off or repaid early, in whole or in part, at such time as the State Treasurer, State Controller, and Director of Finance determine sufficient cash reserves are available. The deferrals can be moved forward to the prior month or delayed to the subsequent month. However, the Joint Legislative Budget Committee must be notified before changes can be made. The following General Fund payments are subject to the deferral criteria outlined above along with the more detailed payment-specific criteria listed below: Supplementary Security Income/State Supplementary Payments. Permits up to three deferrals of payments to the federal government for Supplementary Security Income/State Supplementary Payments benefits. Local Governments. Permits deferral of social services and other payments to cities, counties and local governments not to exceed $1 billion. This may include deferral of CalWORKs assistance payments and other social services costs. The Administration has stated that it does not anticipate resulting delays to beneficiaries' receipt of assistance payments. Payments to counties or cities with a CONTINUED AB 103 Page 3 population of less than 50,000 shall not be deferred. 1. Scheduled Deferrals - K-12 Education . Schedules a specific deferral plan for payments to K-12 LEAs: o $1.2 billion shall be deferred in July 2012. o $600 million shall be deferred in August 2012. o $800 million shall be deferred in October 2012. o $700 million of the deferral made in July 2012 shall be paid in September 2012. o The remaining $1.9 billion of the deferrals made in July, August, and October 2012 shall be paid in January 2013. o $900 million shall be deferred in March 2013 and repaid in its entirety in April 2013. Includes a hardship waiver process for LEAs who might not be able meet financial obligations if payments are deferred. In order to be eligible for a hardship waiver, LEAs would need to qualify for an emergency apportionment. This bill requires the Department of Education (CDE) to delay certification of final June apportionment payments for 2011-12 to account for additional RDA-related property tax remittances received through June 10, 2012. Because June apportionment payments are currently deferred until July, this change would delay certification of the second principal apportionment from July 2, 2012 to July 15, 2012. In effect, these provisions require CDE to count about two extra weeks of RDA-related property taxes that would offset state June apportionment payments, which are currently deferred until July. In counting these additional property taxes, the state can avoid costly overpayments. This bill requires that exempted LEAs receive the amount of CONTINUED AB 103 Page 4 funds necessary for the LEA to meet its financial obligations, regardless of whether that amount is greater than the LEA's June apportionment. (Under current law, LEAs exempted from the June-to-July deferral receive the lesser of (1) the amount of funds necessary for the LEA to meet its financial obligations or (2) the LEA's June apportionment, calculated based on CDE's P-2 certification.) Since other provisions of the bill require CDE to delay certification until July, updated apportionments for each LEA would not be available for use in reviewing deferral exemption requests. This bill allows the Superintendent and Director of Finance provide a deferral exemption without updated P-2 certification. 1.Payment Smoothing . Modifies higher-education payments to smooth payment over the fiscal year. University of California. Authorizes the State to pay only one-twelfth (1/12) of the UC's annual appropriation each month between July 2012 and April 2013. After April 2013, there are no limitations on payments within the UC's appropriations limit. California State University. Authorizes the State to pay only one-twelfth (1/12) of the CSU's annual appropriation each month between July 2012 and April 2013. After April 2013, there are no limitations on payments within the CSU's appropriations limit. 1.Other Deferrals and Adjustments. California Community Colleges. Authorizes the deferral of a $150 million payment from July 2012 to December 2012. Authorizes the deferral of a $50 million payment from September 2012 to January 2013. Authorizes the deferral of $100 million from October 2012 to January 2013. Includes a hardship clause to exempt those community college districts that cannot raise funds to cover their necessary expenses during those time periods. California State University. In addition to the payment smoothing, authorizes deferral of a $250 million payment to the CSU with repayment mandated in CONTINUED AB 103 Page 5 April 2013. 1.Authorize Cash Flow Borrowing from Additional Special Fund . This bill adds one special fund to those eligible for cash flow borrowing. Most special funds are already eligible for cash flow borrowing, except where prohibited by the Constitution. The fund is the Litigation Deposit Fund. Comments According to the Senate Budget Committee, the state is currently facing a budget shortfall of around $10 billion. It is likely that the official estimate of the budget shortfall will widen on May 14, 2012, when the Governor proposes the May Revision and updates his revenue forecast. Recent revenue trends have indicated that the state is on track to take in $3 billion less than the Governor assumed in the January budget. Given this, the state is projected to continue to have months in which cash flow is constrained. The deferrals proposed in this bill help to alleviate the cash constraints and ensure state solvency. FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes Local: No This bill continues a similar cash deferral schedule employed by the state in the last two years. This bill helps the state avoid insolvency and ensure that payments are made in a timely manner. This avoids significant future costs related to interest and damages that could be owed if the state failed to pay its bills. Furthermore, it also reduces the state's external borrowing costs to a manageable level, thereby saving the state millions of dollars in borrowing costs. This bill may have an unknown effect on the short term cash management costs of schools, colleges, and local governments. This bill also appropriates $1,000 from the General Fund to the State Controller for administrative costs associated with this bill. DLW:nl 5/3/12 Senate Floor Analyses CONTINUED AB 103 Page 6 SUPPORT/OPPOSITION: NONE RECEIVED **** END **** CONTINUED