BILL ANALYSIS Ó AB 2689 Page 1 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 AB 2689 Page 2 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adopted by the state board pursuant to subdivision (a) of Section 33128, multiplied by an unspecified amount. 2)Repeals outdated provisions stipulating the conditions under which the limitation on ending balances becomes operative.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; AB 2689 Page 3 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; AB 2689 Page 4 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 AB 2689 Page 5 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. AB 2689 Page 6 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 AB 2689 Page 7