BILL ANALYSIS                                                                                                                                                                                                    �




                     SENATE GOVERNANCE & FINANCE COMMITTEE
                            Senator Lois Wolk, Chair
          

          BILL NO:  SB 14                           HEARING:  3/30/11
          AUTHOR:  Wolk                             FISCAL:  Yes
          VERSION: 03/17/11                         TAX LEVY: No
          CONSULTANT:  Ewing                        

                                        
          

          Requires the State Department of Finance to prepare the 
          Governor's budget proposal using performance-based 
          budgeting practices.  Establishes a process for legislative 
          review of program performance.



                           Background and Existing Law  

          The California Constitution requires the Governor to submit 
          to the Legislature, within the first 10 days of the 
          calendar year, a budget for the ensuing fiscal year.  The 
          Governor's budget must include itemized statements for 
          recommended expenditures and estimated revenues.  

          The State Department of Finance prescribes and manages the 
          development of a state budget and oversees state agencies' 
          financial practices.  The Department ensures that budget 
          information reflects state agencies' activities and costs 
          and displays information on expenditures and objectives.  
          The Department helps state agencies use sound management 
          approaches. 

          California's long-standing practice in developing an annual 
          budget uses program budgeting and incremental budgeting.  
          Each program's budget is generally reviewed independent of 
          the budgets of other programs.  The budget process 
          highlights the proposed increment of change in funding from 
          the current year to the budget year.  California's budget 
          documents list the funding allocated across three fiscal 
          years - the prior year, the current year, and the budget 
          year - which is the year for which the budget is being 
          proposed.

           Performance-based budgeting  .  Performance-based budgeting 
          is an alternate budget approach that can work with program 




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          and incremental budgeting.  Budget information is linked 
          with information on program goals, the targeted 
          accomplishments of those entities, and the results that 
          have been achieved.  

          Performance-based budgeting and related approaches are well 
          established in the private sector.  Public agencies began 
          to use performance-based budgeting approaches in the 1970s, 
          although some local governments started earlier.  The 
          National Association of State Budget Officers reports that 
          25 states use some form of performance budgeting, often in 
          concert with incremental and program budgeting.  Many 
          cities and counties also use forms of performance-based 
          budgeting.


                                   Proposed Law
           
          This bill directs the Department of Finance to provide 
          specific information to the Legislature when transmitting 
          the Governor's proposed state budget, including: 

                   The agency's mission and goals.
                   The activities and programs focused on achieving 
                those goals.
                   Performance metrics reflecting desired outcomes 
                for existing and proposed activities and a targeted 
                performance level for the following year.
                   Information on prior-year performance and an 
                explanation of deviation from targets.
                   Proposed statutory changes, including the 
                creation of incentives or elimination of 
                disincentives that could improve outcomes or reduce 
                costs.
                   A description of the impacts and consequences to 
                the current beneficiaries of a program proposed for 
                modification or elimination.

          The State Department of Finance must determine how 
          departments should establish performance information.  For 
          those programs that are included in the budget but are not 
          managed by the state, the bill requires state agencies to 
          work with local agencies and other affected parties to 
          develop performance information. 

          The bill requires the Governor to post on the Web a summary 





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          of each state agency's mission, goals, prior-year 
          performance, and future-year objectives.

          The bill requires the Legislative Analyst's Office to 
          review performance metrics and progress toward outcome 
          targets in its review of the Governor's budget.

          The bill establishes a task force that includes the 
          director of the State Department of Finance, the 
          Controller, and the chairpersons and vice chairpersons of 
          the Senate Committee on Budget and Fiscal Review and the 
          Assembly Committee on Budget.  The task force must review 
          the guidelines and training available to departments for 
          developing a performance-based budget. 

          The Joint Sunset Review Committee must adopt a process and 
          schedule for reviewing the performance of all programs at 
          least once every 10 years.  

          These standards apply to all state agencies and programs, 
          and all funds and phase in over three years, beginning with 
          the 2012-13 budget.  The State Department of Finance must 
          give priority to using performance information to develop 
          the budgets for those programs impacted by 2011 realignment 
          legislation.

                               State Revenue Impact
           
          No estimate.


                                     Comments
           
          1.   Purpose of the bill  .  California's budget process 
          relies on a decades old model:  You get what you got in the 
          prior year - plus some increment of change, typically 
          growth.  California's incremental budgeting model does not 
          encourage discussion or agreement on priorities, goals, 
          desired results, and the inevitable tradeoffs among 
          priorities.  When officials have more money to invest or 
          must make cuts, they don't know which strategies or 
          programs are working.  Program-based budgeting does not 
          provide the information that helps policymakers provide 
          needed oversight on service costs, program duplication, or 
          program improvements.  Performance-based budgeting would 
          help policymakers deliberate on priorities, the desired 





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          outcomes of publicly funded programs, and the rate at which 
          programs should improve.  

          2.   This is a heavy lift with an uncertain future  .  
          California has experimented with performance-based 
          budgeting, with mixed results.  Successful use of 
          performance-based budgeting will require sustained 
          commitment from the Legislature and the Governor.  It is 
          not clear that there is sufficient support to completely 
          retool how California prepares budget materials or makes 
          fiscal decisions.  The committee may want to consider 
          whether performance-based approaches are more suited to 
          specific departments or programs rather than require the 
          use of this approach for all areas of government. 

          3.   California has some experience with performance-based 
          budgeting  .  Beginning in 1993, the state adopted a pilot 
          project on performance budgeting in four state departments: 
           the California Conservation Corps, the Department of 
          Conservation, the Department of General Services, and the 
          Department of Parks and Recreation.  In its analysis of 
          that effort, the Legislative Analyst's Office found support 
          for performance-based budget approaches yet found that 
          performance information had little influence on fiscal 
          decisions.  A number of challenges limited the influence of 
          performance information for budgeting, including tensions 
          between multiple policy goals, lack of focus on outcomes, 
          and little focus on the cost-effectiveness of public 
          programs.  The Analyst reported that performance-based 
          budgeting is more successful when there is collaboration 
          with the executive and legislative branches in developing 
          metrics and reporting procedures, bi-partisan support, and 
          when performance-based approaches are institutionalized 
          into the budget process. 

          4.   Blue Ribbon Commissions have recommended 
          performance-based budgeting  .    
          The California Constitution Revision Commission, convened 
          by statute from 1994 to 1996, recommended that California 
          adopt a performance-based approach to budgeting.  In 1998 
          the California Citizens Budget Commission proposed 
          statutory and constitutional changes to the budget process, 
          including adopting a performance-based approach.  In 2004, 
          the California Performance Review recommended that the 
          state adopt a performance-based budgeting system.






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          5.   Must policymakers defund programs that cannot show 
          results  ?  Some have suggested that performance-based 
          budgeting requires the state to defund programs that cannot 
          demonstrate effectiveness.  But the state cannot eliminate 
          essential programs - such as child welfare or corrections - 
          when outcomes are poor.  Under performance-based budgeting, 
          poor results do not require elimination.  In contrast, 
          information on performance allows decision-makers to better 
          understand what programs have accomplished and explore why 
          some programs excel while others do not.  That information 
          informs fiscal, policy, and management decisions.  
          Struggling programs may receive additional funds to address 
          deficiencies.  Information on weak performance also can 
          justify modifying or eliminating programs. 

          6.   Many agencies already focus on performance  .  In a March 
          2, 2011 informational hearing the Committee heard testimony 
          that more than two dozen state agencies are using 
          performance-based management approaches, and many have 
          developed performance and outcome measures.  The federal 
          government requires performance and outcome reporting for 
          many federally funded programs.  There also are components 
          of state law that require state agencies to develop and 
          report performance information. 

          5.   Related legislation  .  SB 14 is not the only bill that 
          promotes changes in the state's budget process or calls for 
          establishing performance measures.

          SB 15 (DeSaulnier) establishes multi-year fiscal planning 
          and includes intent language on the development of 
          performance reviews for all state programs.  

          AB 2 (Portantino) establishes a state accountability 
          framework for public colleges and universities and requires 
          this framework to measure the collective performance of the 
          state's system of higher education.
                                         

                        Support and Opposition  (3/24/11)

           Support  :  

          AARP
          American Association of University Women
          American Federation of State, County and Municipal 





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          Employees 
          Bay Area Council
          Business Council of San Joaquin County
          California Alliance of Child and Family Services
          California Association of Nonprofits
          California Church IMPACT
          California Forward
          California Partnership for the San Joaquin Valley
          California Senior Advocates League
          California State Student Association
          Contra Costa Council
          Fresno Business Council
          Greenlining Institute
          Half Moon Bay Coastside Chamber of Commerce
          Huntington Beach Chamber of Commerce
          Kern County Taxpayers Association
          Los Angeles Area Chamber of Commerce
          Saving California Communities
          San Francisco Chamber of Commerce
          San Gabriel Valley Economic Partnership
          San Mateo County Economic Development Association (SAMCEDA)
          Santa Clara and San Benito Counties Building and 
          Construction Trades Council
          Santa Cruz County Medical Society
          Silicon Valley Leadership Group
          State Building and Construction Trades Council of 
          California
          WELL Network
          Valley Industry & Commerce Association (VICA)

           Opposition  :  Unknown.