BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                    SB 69|
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                              CONFERENCE COMPLETED


          Bill No:  SB 69
          Author:   Leno
          Amended:  Conference Report No. 1 - 3/7/11 
          Vote:     21

           
           PRIOR VOTES NOT RELEVANT
           
           CONFERENCE COMMITTEE VOTE  :  6-4
          AYES:  Leno, Lowenthal, Negrete McLeod, Blumenfield, 
            Skinner, Fuentes
          NOES:  Emmerson, Huff, Nielsen, and Harkey


           SUBJECT  :    2011-12 State Budget

           SOURCE  :     Author


           DIGEST  :    This bill enacts the 2011-12 State Budget.

           Conference Committee Amendments  place the specifics of the 
          2011-12 State Budget into the bill.

           ANALYSIS  :    The following details budget solutions adopted 
          by the Budget Conference Committee.  This information was 
          provided by the Senate Budget and Fiscal Review Committee:

                             2011-12 Budget Package

           Conference Committee Adopts Balanced Budget
           
          On March 3, 2011, the Budget Conference Committee completed 
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          its work to reconcile the Assembly version and the Senate 
          version of the 2011-12 Budget.  The Conference Committee 
          built upon extensive work by both Senate and Assembly 
          Budget Committees.

          The Governor released his budget on January 10, 2011, and 
          indicated that the State has a General Fund deficit of 
          $25.4 billion for the two-year period ending June 30, 2012. 
           On February 8, 2011, the Governor indicated he will cancel 
          the sale-for-leaseback of 11 state properties, which 
          reduces 2010-11 revenues by $1.2 billion, but saves the 
          state $6 billion in higher lease costs over the next 35 
          years.  With the Governor's February 8 action, and a 
          desired budget reserve of $1.0 billion, a total of about 
          $27.6 billion in budget solutions are needed.

          The Governor's budget framework relies primarily on 
          expenditure reductions, and a constitutional amendment to 
          maintain temporary taxes for an additional five-year 
          period.  The maintenance of existing tax rates would be 
          achieved through a vote of the people and would support a 
          realignment of public safety services from the state to 
          local governments and fund K-12 education.

          The Budget Conference Committee version of the budget 
          adopts the Governor's general framework for balancing the 
          budget.
          
           General Budget Framework  .  The Conference version of the 
          budget proposes to solve the shortfall with solutions that 
          fall into the following categories - dollars based on 
          preliminary scoring:

           Expenditure Reductions: $12.5 billion
           Revenues: $12.0 billion
            Other Solutions: $ 3.0 billion  
           Total Solutions: $27.5 billion

          This budget package produces a reserve of around $1 
          billion.

                          Major Expenditure Reductions
          
          Overall, the Conference Committee budget prioritizes K-12 

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          education and public safety.  Significant reductions were 
          made in the Health and Human Services areas, but in many 
          cases, alternative cuts were found that mitigate the 
          harshest of these reductions.  Most areas of the budget saw 
          significant expenditure reductions.

           K-12 Education  .  Adopted the Governor's Proposition 98 
          funding framework, which includes $2 billion in 
          expenditures attributable to the maintenance of certain 
          temporary taxes.  Overall, the Proposition 98 funding level 
          would be $49.4 billion, which is similar to the 2010-11 
          level.  The Prop 98 funding level exceeds the Governor's 
          level by about $100 million mainly due to certain shifts of 
          existing special fund revenue that bumped up the minimum 
          guarantee.  The K-12 package includes the following major 
          actions:

            Deferrals  :  Adopts the governors proposal to defer $2.1 
            billion in K-12 funds from 2011-12 to 2012-13.

            Student Mental Health Services  :  Augmented 2010-11 
            funding by $80 million to partially backfill for a 
            funding shortfall created when Governor Schwarzenegger 
            vetoed funding for the AB 3632 mandate.

            Mandates  :  Approved the Governors proposal to provide $90 
            million for mandates.

            Emergency Repair Program  :  Rejected the Governors 
            proposal to provide $53 million for the Emergency Repair 
            Program.

            Basic Aid Districts  :  Included a technical adjustment to 
            reflect the 8.9-percent "fair share" reduction to basic 
            aid school districts for 2010-11 and 2011-12.  This 
            reduction is intended to be ongoing and comparable to the 
            ongoing revenue limit reductions, but was restored in the 
            Governor's budget in error.

            Class Size Reduction  :  Approved a one-year extension of 
            the continuous appropriation for the class size reduction 
            categorical program.

            Economic Impact Aid  :  Restored $56 million to the 

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            Economic Impact Aid (EIA) program.

            Categorical Flexibility  :  Approved the Governors proposal 
            to extend various flexibility options to school districts 
            for an additional two years.

            Secretary of Education Elimination  :  Approved the 
            Governors proposal to eliminate the Office of the 
            Secretary of Education.

           Childcare  .  Rejected the Governors 35 percent subsidy 
          reduction for
          providers, but found other solutions to achieve the 
          Governors savings level
          of $716 million. The childcare package includes the 
          following major
          actions.

            Contract Reduction  :  Reduced contracts, or slots, 
            including preschool, by 15 percent to achieve savings of 
            $267 million.

            Standard Reimbursement Rate Reduction  :  Reduced funding 
            for these Title V contracts by 10 percent for savings of 
            $109 million.

            License-Exempt Providers  :  Reduced licensed-exempt 
            provider rates from 80 percent to 60 percent for savings 
            of $44 million.

            11 and 12 Year-Olds  :  Deprioritize services for 11 and 12 
            year-olds except those with non-traditional hours for 
            savings of $39 million.

           Higher Education  .  Adopted the Governor's Higher Education 
          budget
          proposals including a $500 million reduction to the 
          University of California,
          a $500 million reduction to the California State 
          University, and a
          $400 million reduction to the California Community 
          Colleges.  Some of
          these cuts in each segment will be offset with student 
          fees.

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           Health and Human Services  .  Achieved total expenditure cuts 
          of over
          $6.0 billion in the Health and Human Services area.  The 
          Conference version
          of the budget retains many of the painful cuts proposed by 
          the Governor, but
          in many instances found alternative solutions that mitigate 
          or reduce impacts
          to children, the disabled, and the elderly.  The major 
          reductions include the
          following:

            Medi-Cal  :  Achieved over $1.6 billion in GF expenditure 
            cuts in the Medi-Cal program. Reinstates the previously 
            enacted 10-percent provider payment reductions for 
            savings of $547 million.  Approved many of the Governor's 
            "co-pays" and "hard caps" on services, but rejected the 
            hard-cap on physician and clinic visits, medical 
            supplies, equipment, and prescriptions.  Found other 
            savings not identified by the Governor.

            Adult Day Health Care (ADHC)  :  Rejected the Governor's 
            proposal to eliminate this activity. Instead achieved 
            half the savings, or $93 million by eliminating the 
            Medi-Cal program with the intent to create a new more 
            focused program.

            Multipurpose Senior Service Program (MSSP)  :  Rejected the 
            full elimination of this program and instead reduced 
            funding by $2.5 million or 13 percent.

            Proposition 10  :  Approved the 2011-12 shift of $1.0 
            billion of Proposition 10 funds from State and local 
            reserves to Medi-Cal.

            Proposition 63  :  Approved the shift of about $860 million 
            in Proposition 63 funds from counties on a one-time basis 
            to backfill for General Fund support for three mental 
            health programs the Governor proposes to realign to 
            counties.

            Developmental Services  :  Achieved over $500 million in 
            expenditure savings in Developmental Services.  Approved 

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            implementation of statewide purchase of service standards 
            at a reduction level of $174 million, in lieu of the 
            Governors $424 million reduction.

            SSI/SSP  :  Approved the Governors proposal to reduce 
            Supplemental Security Income/State Supplementary Payment 
            (SSI/SSP) to the minimum allowed by a federal maintenance 
            of effort requirement for savings of $192 million.

            CalWORKS  :  Achieved about $1.1 billion in expenditure 
            cuts in the CalWORKs program. Approved an eight percent 
            grant cut to save $300 million.  Approved the Governor's 
            proposal to reduce the time limit for adults to receive 
            assistance from 60 months to 48 months, but rejected the 
            Governor's proposal to apply a 48-month time limit to 
            safety net and child-only cases.  Instead adopted 
            additional grant cuts for safety net and child-only cases 
            that exceed 60 months to generate savings of $100 
            million.  Increased the Governor's cut to the county 
            single allocation from $377 million to $427 million.  
            Added savings of $100 million from adjusting the 
            earned-income disregard.

            IHSS  :  Achieved the Governors saving number of $486 
            million in In-Home Supportive Services (IHSS) program, 
            but reduced the proposed across-the-board service cut and 
            the proposed domestic and related cut.  Found other 
            savings not proposed by the Governor, such as the 
            Community First Choice Option to obtain $121 million in 
            additional federal funds.
          
           Corrections  :  Achieved expenditure reductions of about $1.0 
          billion in Corrections that are scored outside the 
          realignment proposal.  Among the cuts are $245 million to 
          the receiver's medical services budget and $391 million 
          related to local jurisdiction for lower-level adult 
          offenders and rehabilitation programs.

           Courts  :  Approved the Governor's proposal to reduce the 
          courts funding by $200 million.

           Transportation  :  Approved the Governor's proposal to use 
          truck weight fees to pay about $1.0 billion in 
          transportation-related general obligation bond debt. 

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          Approved re-enactment of the 2010 Tax Fuel Swap to conform 
          to the requirements of Proposition 26.

           Redevelopment  :  Approved the Governor's proposal to 
          eliminate redevelopment agencies (RDA) for expenditure 
          savings of $1.7 billion.  Funding for RDAs would continue 
          as necessary to retire outstanding debt.  In 2011-12, $1.7 
          billion in RDA funds would be directed to offset state 
          costs for Trial Courts and Medi-Cal. In the out-years, the 
          RDA property tax increment would supplement funding for 
          schools, cities, and counties. 

           Local Government  :  Approved the Governor's proposal to 
          suspend the Williamson Act / Open Space Subvention for 
          two-year savings of $20 million. Rejected the Governor's 
          proposal to suspend the Brown Act / Open Meeting mandate.

           Natural Resources and Energy  :  Approved a cut of $155 
          million in energy efficiency programs funded by the Gas 
          Consumption Surcharge tax.  Approved cuts of $11 million to 
          State Parks and $10 million to Off-Highway Vehicle Parks.
          
           Government Efficiency and Employee Compensation  :  Approved 
          expenditure cuts of about $700 million in areas such as: 
          employee compensation ($308 million); employee healthcare 
          ($80 million); and other state operations related 
          governmental efficiencies ($250 million).

                                    Revenues
          
          The Conference version of the budget includes the 
          Governor's revenue package, which generates $12 billion 
          after accounting for the increased Proposition 98 
          expenditures.  Most of the revenue solutions are from 
          maintaining 2010 tax rates, which were raised in 2009 for a 
          two-year period.  The Governor has proposed a 
          constitutional amendment that must be approved by the 
          voters to maintain the 2010 tax rates.  The following 
          summarizes the major revenue components included in the 
          conference budget package:
          
           Maintenance of 2010 tax rates for five years that will go 
          to the voters for approval  :


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           $1.4 billion from maintaining the vehicle license fee 
            (VLF) at current levels for local public safety programs.

           $4.5 billion from maintaining the sales tax rate at 
            current levels for local public safety programs.

           $5.3 billion from maintaining the personal income tax 
            (PIT) surcharge.  ($3.3 billion) and dependent exemption 
            credit ($2.0 billion) at 2010 levels for K-12 education.

           Tax policy changes  :

           $1.4 billion from making the current single-sales factor 
            corporate tax multi-state apportionment mandatory instead 
            of elective.

           $924 million from the elimination of the Enterprise Zone 
            tax credits.

           $360 million from tax enforcement and tax amnesty 
            proposals.

                                Other Solutions
          
          These final categories of budget solution total $3.0 
          billion of the overall solution. The following are the most 
          significant proposals:

           $2.6 billion from loans and transfers from special funds 
            to the General Fund, including deferrals of loan 
            repayments.  Part of this amount ($850 million) is 
            related to the truck weight fee proposal that adjusts 
            planned transportation loans to conform to the 
            requirements of Proposition 22.

           $362 million in solutions from using the Disability 
            Insurance (DI) funds to make interest payments to the 
            federal government for Unemployment Insurance (UI) 
            benefits.  The General Fund will have to repay the DI 
            fund for this payment in the out-years.

                           Public Safety Realignment
          
          The Conference Committee approved the Governor's revised 

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          realignment framework. In January, the Governor proposed a 
          major realignment of state programs to local governments. 
          On February 25, 2011, the Governor modified this proposal 
          to address extensive discussions with stakeholders, 
          including, among others, local governments and local law 
          enforcement groups.  The modifications significantly reduce 
          the number of low-level offenders that would be transferred 
          to the counties, restore $80 million recently vetoed from 
          the Child Welfare Services program, and add a few other 
          small law enforcement programs to the list of programs to 
          be realigned.

          The Governor's proposal takes a significant step towards 
          bringing services closer to the people, allows for more 
          integrated service delivery, and allows the services to be 
          tailored to local situations and conditions. In total, the 
          revised realignment proposal continues to dedicate $5.9 
          billion in revenues in 2011-12 to fund a menu of programs 
          shifted from the State to the locals.  However, because 
          they have reduced the number of low-level offenders that 
          would be transferred to the counties, they have included 
          funding the existing county mental health services 
          (realigned in 1991) out of this revised realignment 
          proposal. This frees up the 1991 realignment funds to cover 
          an increased share of CalWORKs grants.  This "swap" should 
          have no programmatic impacts.

          The table on the next page shows the Governor's February 25 
          revised realignment proposal compared to the original 
          proposal included in the January budget.  The Conference 
          Committee approved the revised framework, including the 
          constitutional amendment to be placed before voters 
          authorizing the realignment and funding and placeholder 
          trailer bill to implement certain aspects of the 
          realignment.  The Conference Committee also indicated that 
          there would need to be significant follow-up legislation 
          related to implementing the realignment that would be 
          developed subsequent to placing the constitutional 
          amendment before voters.

          As noted below, the realignment funding is expected to grow 
          to $7.3 billion by 2014-15:
          
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          |                           |2011-12|2014-15|2011-12|2014-15|
          |          Program          |       |       |       |       |
          |                           |Jan 10 |Jan 10 |Feb 25 |Feb 25 |
          |---------------------------+-------+-------+-------+-------|
          |                           |       |       |       |       |
          |Fire and Emergency         |$250.0 |$250.0 |$52.0  |$52.0  |
          |Response                   |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Court Security             |530.0  |530.0  |485.0  |485.0  |
          |---------------------------+-------+-------+-------+-------|
          |Vehicle License Fee Public |506.4  |506.4  |506.4  |506.4  |
          |Safety                     |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Lower-level                |1,802.0|908.1  |1,096.0|705.1  |
          |Offenders/Parole Violators |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Realign Adult Parole       |741.1  |409.9  |421.2  |183.0  |
          |---------------------------+-------+-------+-------+-------|
          |Realign Remaining Juvenile |257.6  |242.0  |156.0  |234.0  |
          |Justice                    |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Mental Health Services:    |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          | EPSDT                     |0.0    |579.0  |0.0    |636.9  |
          |---------------------------+-------+-------+-------+-------|
          | Mental Health Managed     |0.0    |6 0.0  |190.7  |       |
          | Care                      |183    |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          | AB 3632 Services          |0.0    |104.0  |0.0    |150.9  |
          |---------------------------+-------+-------+-------+-------|
          | Existing Community Mental |0.0    |1,077.0|1,077.0|1,077.0|
          | Health                    |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Substance Abuse Treatment  |184.0  |184.0  |184.0  |184.0  |
          |---------------------------+-------+-------+-------+-------|
          |Foster Care and Child      |1,604.9|1,604.9|1,623.9|1,703.9|
          |Welfare Services           |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Adult Protective Services  |55.0   |55.0   |55.0   |55.0   |
          |---------------------------+-------+-------+-------+-------|
          |State Penalty Funds to     |0.0    |0.0    |40.5   |40.5   |
          |Locals                     |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Existing Juvenile Justice  |0.0    |0.0    |97.1   |103.3  |

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          |Realignment                |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Funded Public Safety       |0.0    |0.0    |50.9   |50.9   |
          |Mandates                   |       |       |       |       |
          |---------------------------+-------+-------+-------+-------|
          |Growth*                    |       |621.1  |0.0    |888.4  |
          |---------------------------+-------+-------+-------+-------|
          |Total                      |$5,931.|$7,255.|$5,931.|$7,255.|
          |                           |0      |0      |0      |0      |
          |                           |       |       |       |       |
           ----------------------------------------------------------- 
          
          The fiscal effect of enacting this bill, along with the 
          other trailer bills, including the constitutional amendment 
          to maintain tax rates at 2010 levels for schools and public 
          safety services, would enact $27.5 billion in solutions to 
          balance the 2011 Budget Act.

                                 Summary Table
          
                            (dollars in thousands*)
          
           -------------------------------------------------------- 
          |                                  |     Conference      |
          |----------------------------------+---------------------|
          |Cuts:                             |                     |
          |----------------------------------+---------------------|
          | Higher Education                 |$1,230.5             |
          |----------------------------------+---------------------|
          | Health and Human Services        |5,952.7              |
          |----------------------------------+---------------------|
                                                          | Corrections                      |729.9                |
          |----------------------------------+---------------------|
          | Resources and Environmental      |58.1                 |
          | Protection                       |                     |
          |----------------------------------+---------------------|
          | Redevelopment                    |1700.0               |
          |----------------------------------+---------------------|
          | Transportation                   |1039.9               |
          |----------------------------------+---------------------|
          | General Government               |1,751.1              |
          |----------------------------------+---------------------|
          |   Total, Cuts                    |$12,462.2            |
          |----------------------------------+---------------------|

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          |                                  |                     |
          |----------------------------------+---------------------|
          |Revenues:                         |                     |
          |----------------------------------+---------------------|
          | Tax extension:                   |                     |
          |----------------------------------+---------------------|
          |   For Realignment                |$5,931.0             |
          |----------------------------------+---------------------|
          |   For Education                  |5,237.0              |
          |----------------------------------+---------------------|
          | Tax policy changes               |2,404.0              |
          |----------------------------------+---------------------|
          | Tax enforcement                  |264.7                |
          |----------------------------------+---------------------|
          | Special fund revenues            |257.2                |
          |----------------------------------+---------------------|
          | Education, Proposition 98        |-2,092.1             |
          | Interaction                      |                     |
          |----------------------------------+---------------------|
          |   Total, Revenues                |$12,001.8            |
          |----------------------------------+---------------------|
          |                                  |                     |
          |----------------------------------+---------------------|
          | Other                            |$3,030.8             |
          |----------------------------------+---------------------|
          |                                  |                     |
          |----------------------------------+---------------------|
          | Total Solutions                  |$27,494.8            |
          |                                  |                     |
           -------------------------------------------------------- 
          Total Solutions $27,494.8
          *Based on preliminary scoring.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No

          Total budget is projected at $86.614 billion.


          DLW/RJG:mw  3/15/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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