BILL ANALYSIS                                                                                                                                                                                                    






                  SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
                          Denise Moreno Ducheny, Chair
          
          Bill No:       SB 1020
          Author:        Wolk
          As Amended:    February 11, 2010
          Consultant:    Keely Martin Bosler
          Fiscal:        Yes
          Hearing Date:  April 12, 2010
          
           Subject  :  State budget.

           Summary  :  This bill provides a statutory framework for the  
          implementation of performance based budgeting and for a  
          systematic program performance review by the Legislature.   
          The provisions of this bill are the same performance based  
          budgeting and program performance review provisions  
          contained in the larger package of reforms sponsored by  
          California Forward.

           Background  :   
           
          Historic Budget Reform Efforts.  There have been numerous  
          proposals to reform the budget over the past decades.   
          Historical reform efforts include, but are not limited to,  
          the following:
                 Pilot projects on performance budgeting in four  
               State departments starting in 1993 by then Governor  
               Pete Wilson.
                 Recommendations by the California Constitution  
               Revision Commission that convened from 1994 to 1996 at  
               the direction of statute and made various  
               recommendations regarding the State budget process and  
               alignment of programs between State and local  
               governments.
                 Recommendations by the California Citizens Budget  
               Commission in 1998 that proposed statutory and  
               constitutional changes to the budget process,  
               including reducing the vote requirement for the State  
               budget to a majority vote. 
                 Recommendations in the Governor's 2004 California  
               Performance Review regarding the State budget process,  
               including a recommendation to adopt a biennial budget  
               and a performance-based budgeting system.
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          California Forward Organization.  California Forward has  
          sponsored the most recent efforts regarding government  
          reform.  California Forward is an organization that was  
          created by California Common Cause, the Center for  
          Governmental Studies, the New California Network, and the  
          Commonwealth Club of California's Voices for Reform Project  
          in March 2008.  The organization's main goal is to  
          contribute to improving the quality of life for all  
          Californians by creating a more responsive, representative,  
          and cost-effective government.  This organization is funded  
          by the following foundations:  the California Endowment,  
          the Evelyn and Walter Haas Jr. Fund, the William and Flora  
          Hewlett Foundation, the James Irvine Foundation, and the  
          David and Lucile Packard Foundation.  

          In 2008, California Forward started a process of  
          consultation and engagement with the public and community  
          leaders regarding a government reform agenda.  They have  
          made hundreds of presentations, consulted with hundreds of  
          community leaders, conducted focus groups and public  
          opinion research in the development of a reform agenda that  
          includes budget process reform and local government reform.  
           Performance-based budgeting and program performance review  
          are just two of the reforms proposed by California Forward.


           Proposed Law:    
           
          This bill does the following:
          
          Program Performance Review.  This bill requires the  
          Legislature to establish a process for reviewing the  
          performance of all state programs at least once every ten  
          years, including tax expenditures.  Six months prior to the  
          deadline for review of each program, a joint committee  
          shall refer the initial program review to the appropriate  
          policy committee of each house of the Legislature.  A joint  
          committee shall propose legislation based on the policy  
          committee recommendations and other recommendations that  
          will reduce costs, improve outcomes, or terminate the  
          program.  The proposed legislation of the joint committees  
          shall be submitted to the Rules Committee in each house and  
          referred to appropriate committees for public hearings and  
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          further actions.  This bill requires the proposed  
          legislation to be posted on the joint committee's website.

          Performance Data in Budget Document.  This bill requires  
          each state agency to submit performance data that reflect  
          desired outcomes for existing and proposed activities as  
          part of the annual budget submission.  This bill also  
          requires each state agency to identify and update the  
          following:  the mission and goals of the agency, the  
          activities and programs focused on achieving those goals,  
          performance metrics, prior-year performance data, and  
          proposed changes in statute to improve outcomes or reduce  
          costs.  This data shall be available on the Governor's  
          website.

          Development of a Performance-Based Budget.  This bill  
          requires that performance based budgeting methods be  
          implemented for all budgets submitted to the Legislature by  
          the 2014-15 fiscal year.  This bill requires the LAO to  
          review the adequacy of the performance metrics.  

          This bill creates a task force consisting of the Department  
          of Finance (DOF), the State Controller's Office (SCO), and  
          the Chairpersons and Vice Chairpersons of the budget  
          committees that shall review and comment on DOF's  
          guidelines for developing performance-based budgets, on  
          DOF's training program to ensure successful implementation  
          of performance-based budgets, and on DOF's plans for  
          implementing performance-based budgeting.

           Fiscal Effect:  
           
          This bill is likely to require new state spending in the  
          tens of millions of dollars annually to develop and  
          implement new performance standards.  This includes  
          additional resources for the DOF and the LAO given their  
          expanded roles under this bill.  In addition, new  
          information technology expenditures could result to address  
          the new requirements. 

           Source  :  California Forward
          
          Support:  
          American Council of Engineering Companies of California
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          California Business Properties Association
          California Chapter of the American Fence Association
          California Construction and Industrial Materials  
          Association
          California Fence Contractors' Association
          California Forestry Association
          California Grocers Association
          California Independent Oil Marketers Association
          California League of Food Processors
          California Manufacturers & Technology Association
          California Taxpayers Association
          Chemical Industry Council of California
          Engineering Contractors' Association
          Flasher/Barricade Association
          Marin Builders' Association
          Western Growers
          Western States Petroleum Association

          Supporters of SB 777 the 2009 version of SB 1020:
          California Forward (Sponsor)
          California Association of Nonprofits
          California Taxpayers Association (Cal-Tax)
          Children Now
          Northbay Leadership Council
          Fresno Unified School District
          San Jose Unified School District
          Orange County Business Council
          Saving California Communities
          Yolo County
          City of Long Beach
          City of Riverside
          City of Monterey
          Kern County Taxpayers Association
          Valley Industry and Commerce Association
          Inland Empire Economic Partnership
          Monterey County Business Council

           Individuals
           Bill Slaton, SMUD board member
          Robert Goetsch, President, Zephyr Development
          Bruce Presser, CEO, The Covello Group
          Fred Main, California Forward Advisory Committee

           Opposed  :  None on file.
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           Comments  :  
          
            1.     Performance Measures and Management.  Performance  
                 measures can be a useful tool for managers to assess  
                 how effective programs are in meeting their goals  
                 and to help focus managers on outcomes and not  
                 processes.  However, many state departments would  
                 have to make significant changes to their management  
                 structure, training, and data collection systems  
                 before they could effectively use performance  
                 measures to guide management decisions.  Given this,  
                 it is unclear whether the state could meet the  
                 deadline for performance measures set forth in this  
                 constitutional amendment.  This is especially true  
                 if there is not sustained leadership in the  
                 executive branch on this effort.

            2.     Measurements and Priorities.  Performance  
                 measurements can be useful tools in helping the  
                 Legislature evaluate program performance and  
                 efficacy.  However, they are not a substitute for  
                 setting Legislative priorities.  For example, public  
                 needs still require funding regardless of a  
                 department's administrative performance in achieving  
                 an agreed upon performance level.  

















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