BILL ANALYSIS                                                                                                                                                                                                    Ó






           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 531|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 


                                   THIRD READING 


          Bill No:  AB 531
          Author:   O'Donnell (D), et al.
          Amended:  6/9/15 in Senate
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  8-0, 6/17/15
           AYES:  Liu, Runner, Block, Hancock, Leyva, Monning, Pan, Vidak
           NO VOTE RECORDED:  Mendoza

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 7/6/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Nielsen

           ASSEMBLY FLOOR:  74-0, 5/22/15 (Consent) - See last page for  
            vote

           SUBJECT:   School finance:  budget calculations


          SOURCE:    Author

          DIGEST:   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 which a transfer is made into the Public School  
          System Stabilization Account does not apply to monies in a  
          committed fund balance.  

          ANALYSIS:   Existing law authorizes a county superintendent of  
          schools to grant a school district under its jurisdiction an  
          exemption from the cap for up to two consecutive fiscal years  
          within a three-year period if the school district provides  
          documentation indicating that extraordinary fiscal  








                                                                     AB 531  
                                                                    Page  2


          circumstances, including, but not limited to, multi-year  
          infrastructure or technology projects, substantiate the need for  
          a combined assigned or unassigned ending fund balance that is in  
          excess of the minimum recommended reserve for economic  
          uncertainties.  As a condition of receiving an exemption, a  
          school district shall do all of the following:

          1)Provide a statement that substantiates the need for an  
            assigned and unassigned ending fund balance that is in excess  
            of the minimum recommended reserve for economic uncertainties.

          2)Identify the funding amounts in the budget adopted by the  
            school district that are associated with the extraordinary  
            fiscal circumstances.

          3)Provide documentation that no other fiscal resources are  
            available to fund the extraordinary fiscal circumstances.   
            (Education Code § 42127.01)

          This bill:

          1)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 which a transfer is made into the Public School System  
            Stabilization Account does not apply to monies in a committed  
            fund balance, as defined in the California School Accounting  
            Manual.  

          2)Provides that school district governing boards retain the  
            ability to redirect monies in a committed fund balance to an  
            alternative purpose in any subsequent year.

          Background
          
          As part of the 2014-15 Budget Act, the state enacted a new  
          requirement to cap school district reserves in years following a  
          deposit in the state school reserve established by Proposition  
          2.  The legislation also created a separate requirement for  
          districts to disclose certain information about their reserves  
          each year.  Specifically, existing law requires that in a fiscal  
          year immediately after a fiscal year in which a transfer is made  
          into the Public School System Stabilization Account, a school  
          district budget that is adopted or revised shall not contain a  







                                                                     AB 531  
                                                                    Page  3


          combined assigned or unassigned ending fund balance that is in  
          excess of the following:

          For school districts with fewer than 400,000 units of average  
          daily attendance (ADA), the sum of the school district's  
          applicable minimum recommended reserve for economic  
          uncertainties adopted by the State Board of Education, as  
          specified, multiplied by two.

          For school districts with more than 400,000 units of ADA, the  
          sum of the school district's applicable minimum recommended  
          reserve for economic uncertainties adopted by the State Board of  
          Education, as specified, multiplied by three.  

          Comments
          
          Need for the bill.  According to the author's office, some in  
          the education community have argued that the reserve cap imposes  
          a burden on school districts, in large part because it prevents  
          them from setting aside monies in a reserve for a future  
          specified purpose.  The author's office indicates that this bill  
          is intended to address this issue by specifying that monies in a  
          committed fund balance are exempt from the cap.  Further, using  
          committed fund balances instead of assigned reserves for this  
          purpose has several advantages, including an increase in  
          transparency because a school district governing board's action  
          to put funds into a committed fund balance occurs during a  
          public meeting of the board.  
            
          When will the reserve cap be triggered?  The state must make  
          deposits into the Rainy Day Fund when certain conditions are met  
          to trigger the reserve cap for districts.  Among these  
          conditions, Test 1 must be the applicable Proposition 98 test  
          level and the state must have paid off all maintenance factor  
          created before 2014-15.  The Legislative Analyst's Office (LAO)  
          indicated in its 2015-16 Proposition 98 Education Analysis in  
          February 2015 that the interaction between these two  
          requirements makes deposits unlikely in the near term.   
          Additionally, the 2015-16 Governor's Budget Summary indicated  
          that "the Administration does not anticipate fiscal conditions  
          requiring a Proposition 98 Rainy Day Fund deposit and the  
          related potential for caps on local reserves at any point in the  
          budget forecast period (through 2018-19). 








                                                                     AB 531  
                                                                    Page  4


          LAO's assessment and recommendations on the cap.  The LAO  
          released a report, "Analysis of School District Reserves" in  
          January 2015.  In the report, the LAO provided its assessment  
          and recommendations on the reserve caps.  Specifically, the LAO  
          indicated, "to the extent districts begin shifting monies to  
          avoid the caps, we are concerned that local budgeting practices  
          could become more confusing.  To the extent districts begin  
          spending down their reserves, we are concerned that they would  
          incur a number of risks."  The risks include difficulty for  
          school districts to maintain programs in tight fiscal times,  
          difficulty addressing unexpected costs, greater fiscal distress,  
          and higher borrowing costs.  The LAO also indicated concern that  
          the caps become operative following any deposit into the state  
          school reserve, even if the size of that deposit is smaller than  
          the triggered reduction in local reserves.  To avoid all of  
          these risks, the LAO has recommended the Legislature repeal the  
          reserve caps.  
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Appropriations Committee, there is no  
          anticipated fiscal impact as the provisions included in this  
          bill appear to be declaratory of existing law.  The California  
          Department of Education indicates that costs related to  
          providing technical assistance to the field on this bill's  
          provisions would be absorbable.


          SUPPORT:   (Verified7/7/15)


          Association of California School Administrators


          OPPOSITION:   (Verified7/7/15)


          None received

          ASSEMBLY FLOOR:  74-0, 5/22/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  







                                                                     AB 531  
                                                                    Page  5


            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Alejo, Jones, O'Donnell, Olsen, Waldron,  
            Weber

          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          7/7/15 17:13:28


                                   ****  END  ****