BILL ANALYSIS Ó AB 531 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 531 (O'Donnell) - As Amended April 21, 2015 ----------------------------------------------------------------- |Policy |Education |Vote:|6 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 531 Page 2 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. AB 531 Page 3 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. AB 531 Page 4 Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081