BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 478
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          ASSEMBLY THIRD READING
          AB 478 (Roger Hernández)
          As Amended April 7, 2011
          Majority vote 

           HIGHER EDUCATION    9-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Block, Donnelly,          |Ayes:|Fuentes, Harkey,          |
          |     |Achadjian, Brownley,      |     |Blumenfield, Bradford,    |
          |     |Fong, Galgiani, Lara,     |     |Charles Calderon, Campos, |
          |     |Miller, Portantino        |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Eliminates the 2% cap on the level of unemployment 
          exceeding 5% that the California Community Colleges (CCC) must 
          use for purposes of calculating the annual request for 
          enrollment growth funding. This amount above 5% must be 
          determined by the CCC Chancellor's Office and its rationale must 
          be submitted to the Department of Finance.

           EXISTING LAW  requires CCC Board of Governors to annually request 
          system-level funding from the Administration and the 
          Legislature, using the following formula to calculate its annual 
          system growth: 

          1)Weighted average of the adult population-rate change, ages 
            19-24 and 25-65.

          2)The unemployment increase when unemployment exceeds 5%, not to 
            exceed a 2% positive difference.  

          3)Unfunded full-time equivalent students (FTES) in the areas of 
            transfer, vocational education, and basic skills.

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, potential significant Proposition 98 cost pressure to 
          allocate additional funding for enrollment growth during periods 
          of high unemployment.  For example, a 10% unemployment rate 
          would yield a request from the CCC for an additional 3% 








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          enrollment growth-equal to about $175 million at current funding 
          rates.  Actual funding for CCC enrollment growth is determined 
          through the annual state budget process.

           COMMENTS  :   

           Background  :  SB 361 (Scott), Chapter 631, Statutes of 2005, 
          replaced CCC's program-based funding with the current allocation 
          mechanism that generally provides a single rate per FTES for all 
          CCC districts.  In addition, SB 361 requires the CCC Board of 
          Governors to request funding annually for enrollment growth 
          based on the aforementioned factors.  The provisions that this 
          bill would alter one of the factors (the unemployment rate) used 
          in determining annual enrollment growth requests. 

           Purpose of this bill  :  Unemployment and CCC enrollment have a 
          strong positive correlation.  While fiscal constraints may 
          preclude the Legislature and Administration from funding growth 
          up to the level of demand, current law prevents the 
          Administration and Budget Committees from even considering 
          appropriately correlating demand for CCC courses with the 
          current high rates of unemployment.  The author believes CCC 
          should be able to include actual unemployment rates in its 
          annual budget request to provide a more accurate representation 
          of CCC enrollment growth needs.  

           Why the 2% limitation  ?  The 2% cap ensures that CCC can never 
          report an unemployment rate greater than 7% (the 5% threshold 
          plus the 2% cap), limiting future cost pressures on the state 
          budget.  However, that limitation comes at the expense of 
          accurate information.  For example, unemployment was 12.4% in 
          January 2011, which CCC was not able to accurately reflect in 
          its budget request despite the likely effect on demand for CCC 
          services.

           Impact on the state budget  :  The Administration and the 
          Legislature are not required to include CCC's budget request in 
          their proposals.  It is one of many funding requests from state 
          entities that can be accepted or rejected, depending upon the 
          state's fiscal condition.

           Prior legislation  :  AB 385 (Block) of 2009 was substantially 
          similar to this bill.  AB 385 was held in the Senate Education 
          Committee at the request of the author. 








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           Analysis Prepared by  :    Laura Metune / HIGHER ED. / (916) 
          319-3960 


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