BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 531


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          531 (O'Donnell) - As Amended April 21, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill provides that the limitation on the amount that school  
          districts may set aside in an assigned or unassigned ending fund  
          balance in the fiscal year immediately after a fiscal year in  








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          which a transfer is made into the Public School System  
          Stabilization Account (PSSSA) does not apply to monies in a  
          committed reserve.  Specifically, this bill:  


          1)Defines "committed reserve" to mean monies set aside for a  
            designated future purpose by a majority vote of the district  
            governing board.


          2)Clarifies that district governing boards retain the ability to  
            redirect monies in a committed reserve to an alternative  
            purpose in any subsequent year.


          FISCAL EFFECT:  


          No net Proposition 98/GF impact. This bill appears to be largely  
          technical and clarifying. To the extent districts accumulate  
          higher reserve levels at the local level, as currently  
          permitted; this could result in less Proposition 98/GF pressure  
          to assist with future school district budget deficiencies.


          COMMENTS:  


          1)Background.  Proposition 2 (Rainy Day Fund), approved by the  
            voters in November 2014, placed formulas into the State  
            Constitution that determine the minimum amount of debt  
            payments and budget reserve deposits to be made in a fiscal  
            year.  Proposition 2 also established the PSSSA (also known as  
            the Proposition 98 reserve account) which is funded by a  
            transfer of capital gains-related tax revenues in excess of 8  
            percent of general fund revenues. Funds are deposited in the  
            PSSSA in years when the state is experiencing strong growth in  
            state revenue, among other factors.









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            SB 858 (Committee on Budget), Chapter 32, Statutes of 2014  
            included a provision that caps districts' reserves in the year  
            following a deposit into the PSSSA.  Specifically, the cap  
            prohibit districts from adopting a budget that contains total  
            assigned and unassigned reserves of more than twice the  
            applicable state minimums for unassigned reserves. The minimum  
            reserve requirement is 3% of total expenditures for most  
            districts.  For Los Angeles Unified, the minimum reserve is 1%  
            of total expenditures and the cap on reserves is three times  
            the minimum. 

          2)Purpose. Some school advocates, including California School  
            Boards Association, have expressed concern that the cap on  
            reserves prevents districts from setting aside prudent  
            reserves to guard against an economic downturn and/or a  
            reduction in state funding for schools.  Further, they argue  
            the reserve cap prevents districts from setting aside monies  
            for a specific purpose in future years.  For example,  
            districts may need to accumulate monies over two or more years  
            to purchase technology, instructional materials, or deferred  
            maintenance.  


            According to the author, this bill specifies that "committed  
            reserves" are not subject to the cap and defines committed  
            reserves as monies set aside for a future purpose by a  
            majority vote of the district governing board.  


            Committee staff notes this bill appears to be largely  
            declaratory of existing law.  According to the Legislative  
            Analyst's Office (LAO) January report, Analysis of School  
            District Reserves, "?other components of district reserves,  
            including nonspendable, restricted, and committed reserves, do  
            not count toward the caps." Further, the LAO offers the option  
            of redesignating assigned reserves as committed reserves to  
            avoid the cap restrictions. 










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          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081