BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2689


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          Date of Hearing:  May 4, 2016


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 2689  
          (Gray) - As Amended March 15, 2016


          SUBJECT:  School districts:  annual budgets:  reserve balance


          SUMMARY:  Establishes unspecified maximum school district  
          reserve levels to be applied in a fiscal year immediately after  
          a year in which a transfer is made into the Public School System  
          Stabilization Account (PSSSA).  Specifically, this bill:  


          1)Provides that, in a fiscal year immediately after a fiscal  
            year in which a transfer is made into the PSSSA, a school  
            district budget that is adopted or revised shall not contain a  
            combined assigned or unassigned ending fund balance that is in  
            excess of the following:


             a)   For school districts with fewer than 400,000 units of  
               average daily attendance, the sum of the school district's  
               applicable minimum recommended reserve for economic  
               uncertainties adopted by the state board pursuant to  
               subdivision (a) of Section 33128, multiplied by an  
               unspecified amount.


             b)   For school districts with more than 400,000 units of  
               average daily attendance, the sum of the school district's  








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               applicable minimum recommended reserve for economic  
               uncertainties adopted by the state board pursuant to  
               subdivision (a) of Section 33128, multiplied by an  
               unspecified amount.


          2)Repeals outdated provisions stipulating the conditions under  
            which the limitation on ending balances becomes operative.


          EXISTING LAW:  


          1)Establishes the Public School System Stabilization Account  
            (PSSSA) at the state level to be funded by a transfer of  
            capital gains-related tax revenues in excess of 8 percent of  
            general fund revenues. 


          2)Specifies that funds will be appropriated from the PSSSA to  
            schools and community colleges when state support for K-14  
            education exceeds the allocation of general fund revenues,  
            allocated property taxes and other available resources.


          3)Requires school districts to maintain the following minimum  
            reserves for economic uncertainties, as a percentage of total  
            expenditures:


             a)   The greater of 5% or $64,000 for districts with 0 to 300  
               average daily attendance (ADA);


             b)   The greater of 4% or $64,000 for districts with 301 to  
               1,000 ADA;


             c)   3% for districts with 1,001 to 30,000 ADA;








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             d)   2% for districts with 30,001 to 400,000 ADA; and


             e)   1% for districts with 400,001 and over ADA.


          4)Limits the amount that districts may set aside in an assigned  
            or unassigned reserve in the fiscal year following the fiscal  
            year in which a transfer is made to the PSSA as follows:


             a)   For school districts with 400,000 or fewer ADA, the  
               minimum reserve multiplied by 2; and


             b)   For school districts with more than 400,000 ADA, the  
               minimum reserve multiplied by 3.


          5)Authorizes a county superintendent of schools to grant a  
            school district under its jurisdiction an exemption from the  
            reserve cap for up to two consecutive fiscal years within a  
            three-year period if the school district provides  
            documentation indicating that extraordinary fiscal  
            circumstances, including, but not limited to, multiyear  
            infrastructure or technology projects, substantiate the need  
            for a combined assigned or unassigned ending fund balance that  
            is in excess of the minimum reserve.


          6)Requires a school district, as a condition of receiving an  
            exemption to do all of the following:


             a)   Provide a statement that substantiates the need for an  
               assigned and unassigned ending fund balance that is in  
               excess of the minimum;








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             b)   Identify the funding amounts in its budget that are  
               associated with the extraordinary fiscal circumstances; and


             c)   Provide documentation that no other fiscal resources are  
               available to fund the extraordinary fiscal circumstances.


          FISCAL EFFECT:  This bill is keyed nonfiscal


          COMMENTS:  School districts use assigned and unassigned reserves  
          to set funds aside for potential future use.  An unassigned  
          reserve is typically the reserve for economic uncertainty, and  
          its purpose is to provide a cushion against unforeseen  
          shortfalls in revenue or increases in expenditures.  An assigned  
          reserve contains funds that may be set aside by the district  
          superintendent and designated for a specific future use, such as  
          a large, one-time instructional materials acquisition.


          Existing law requires districts to maintain a minimum reserve,  
          specified as a percentage of total expenditures, but does not  
          impose a cap on reserves except in the year following a transfer  
          to the PSSSA, also referred to as the Proposition 98 reserve  
          account.  As a consequence of having no limitation on the size  
          of reserves, some districts have accumulated very large  
          reserves, mounting to 50% or more of total expenditures.   
          Supporters of a cap have noted that this violates a basic tenet  
          of public finance, which is that today's tax revenues should be  
          used to support programs and services for today's taxpayers.   
          The cap on reserves in specified years was enacted in part to  
          prevent the accumulation of unreasonably large reserves and in  
          part to recognize that the transfer of funds into the  
          state-level Proposition 98 reserve reduces the need for large  
          local reserves.  This is because the state-level reserve will be  
          used to help maintain K-14 funding during economic downturns, a  








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          purpose also served by the local reserves for economic  
          uncertainty.


          Impact on the reserve for economic uncertainties.  Many in the  
          education community have argued that the cap on reserves  
          prevents districts from setting aside prudent reserves to guard  
          against an economic downturn and a reduction in state funding  
          for schools.  The minimum requirement to guard against such an  
          event is 3% of total expenditures for most districts.  The cap  
          is twice that amount, or 6% of total expenditures for most  
          districts.  Supporters of the cap argue that 6% is sufficient  
          protection for two reasons.  First, the cap is imposed only when  
          General Fund revenue is sufficient to warrant a transfer to the  
          PSSSA.  In other words, it is imposed only during a time when  
          the economy is healthy, not during economic downturns.  Second,  
          the funds that are transferred to the PSSSA are designed to  
          maintain school funding during future economic downturns.  This  
          reduces the need to have large local reserves that serve the  
          same purpose.


          Not all reserves are subject to the cap.  Opponents of the  
          reserve cap also argue that it prevents districts from setting  
          aside monies in an assigned reserve 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.  However,  
          districts may use a committed reserve for this purpose, and  
          committed reserves are not subject to the cap.  The primary  
          difference between a committed reserve and an assigned reserve  
          is that putting funds into a committed reserve requires a vote  
          of the district governing board, whereas putting funds into an  
          assigned reserve does not.  Governing boards may also, if the  
          need arises, vote to apply funds in a committed reserve to a  
          different use.  Some have argued that using a committed reserve  
          is preferable, because it sustains the authority of the  
          governing board and results in more public transparency over the  
          allocation of school district dollars.








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          This bill changes the cap on reserves to an undesignated amount.  
           However, background information provided by the author's office  
          indicates that the author is not planning amendments.   
          Accordingly, it is not possible at this time to assess the  
          impact of the proposed change to the cap.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None received




          Opposition


          None received




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087
















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