BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 285
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          Date of Hearing:   April 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                AB 285 (Furutani) - As Introduced:  February 8, 2011 

          Policy Committee:                              Higher 
          EducationVote:6-3

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill requires, as is currently provided for K-12 schools, 
          automatic adjustments in GF apportionments for the California 
          Community Colleges (CCC) to the extent actual property tax 
          revenues to the CCC differ from the amount of such revenues 
          estimated in the annual Budget Act.

           FISCAL EFFECT  

          Unknown GF (Proposition 98) costs, potentially in the ten of 
          millions, in years when actual CCC property tax revenues are 
          lower than expected and are automatically "backfilled". 

           COMMENTS  

           1)Background  . As part of the annual CCC budget proposal, the 
            state estimates how much local property tax revenue will be 
            available statewide to the CCC.  For individual districts, 
            state General Fund revenues will be adjusted upward or 
            downward from the budgeted level to compensate for any surplus 
            or shortfall in actual tax receipts.  However, if the 
            systemwide level of local property tax revenue turns out to be 
            lower than budgeted, the shortfall is proportionally spread 
            across all districts. In some years, the Legislature provides 
            a augmentation to the CCC to backfill this shortfall. In other 
            years, no augmentation is provided and the districts must 
            absorb the shortfall.

           2)Purpose  . According to the author, the lack of an automatic 
            adjustment mechanism for CCC funding creates budget 
            uncertainty that hinders the ability of a CCC district to plan 








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            accordingly to meet the community's educational needs. 
            Students feel the impact when colleges are faced with a 
            mid-year shortfall and must cut services. The author believes 
            AB 285 will give the CCC greater security and certainty of 
            their expected annual revenue, thus allowing the colleges to 
            appropriately plan for the expected student services. 

           3)Prior Legislation  .  Several bills have been sought to 
            establish a statutory CCC property tax backfill, but none have 
            been successful, largely due to fiscal concerns:

             a)   AB 551 (Furutani) of 2009, was held on Suspense in this 
               committee, subsequently amended to be a study bill, then 
               held in Senate Rules.

             b)   AB 2277 (Eng) of 2008, which would have provided for the 
               one-time transfer of funds to compensate for un-received 
               property tax revenues, was held on Suspense in this 
               committee,.

             c)   AB 1402 (Blakeslee) of 2005, was held on Suspense in 
               this committee and subsequently amended to address a 
               different subject.

             d)   AB 1417 (Pacheco) of 2004, was held on Suspense in 
               Senate Appropriations and subsequently amended to require a 
               study of CCC funding.

             e)   SB 990 (McPherson) of 2000, was held on Suspense in the 
               Senate Appropriations.

           4)Not the Right Time  ? While the idea of providing more budget 
            certainty to the CCCs and providing statutory equity with K-12 
            schools regarding property tax shortfalls has merit, this 
            proposal, at this time, seems problematic in light of the 
            state's $26.6 billion shortfall. At a time when the pending 
            budget reduces the CCC's Prop 98 funding by $400 million-an 
            amount that will likely increase if the revenue portion of the 
            governor's proposed budget solution is not realized-is it 
            prudent to lock-in a mechanism that would reduce the 
            Legislature's flexibility to address the state's ongoing 
            budget challenges?

           Analysis Prepared by :    Chuck Nicol / APPR. / (916) 319-2081 









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