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California Budget & Policy Center Statement on Governor Newsom’s Proposed 2021-22 Budget

Providing emergency cash relief and housing support, and prioritizing the safe reopening of schools are wise investments for the state, our economy, and to meet the urgent needs of Californians in low and middle-income households who have been hard hit by the pandemic. Still, Governor Newsom and state leaders need to consider the many urgent and ongoing health and economic needs of children, families, workers, and seniors in low-income households. Every day, Californians are losing jobs and income, health care and food assistance, child care and educational opportunities. State leaders must prioritize ongoing investments that will help Californians with the health and financial strains faced not just today, but in the months and years to come.

About this event

This virtual panel of Budget Center experts will cover key components of Governor Gavin Newsom’s 2021-22 state budget proposal and look at how the proposal supports Californians facing the health and economic challenges of COVID-19.

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COVID-19 has changed jobs, schools, and child care settings for Californians, and this has been particularly disruptive for children, families, and the child care providers who are essential to California’s economy and communities. In this presentation learn what funding early care and education programs received in the 2020-21 state budget and from federal relief in 2020, and the additional support providers, workers, and families – particularly Californians of color and families in low-income households – still need from state and federal policymakers in the ongoing pandemic.

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On June 29, Governor Gavin Newsom signed the 2020-21 state budget into law, enacting a $134 billion General Fund spending plan that outlines how the state responds to the ongoing COVID-19 pandemic and manages a significant budget shortfall. The budget deal reached by state leaders uses a combination of reserves, available federal funds, temporary revenues, internal borrowing, and deferred payments to help resolve a budget shortfall resulting from the COVID-19 recession. The enacted budget also includes a few targeted expansions to help support Californians with low incomes. Notably, the budget includes $11 billion in spending cuts and delayed payments that would be rolled back if the state receives substantial new federal fiscal relief.    

While the enacted budget put forward by state leaders recognizes the challenges the state faces and meets state leaders’ Constitutional obligation to enact a balanced budget, the spending plan fails to meet many of the most urgent and basic needs of Californians: ensuring they can safely earn a living in healthy environments and provide food, housing, and health care for their families. Without bolder action, including raising additional revenues and pursuing appropriate borrowing, the enacted 2020-21 budget will exacerbate income and wealth inequality and systemic inequities that permanently leave Californians of color, undocumented residents, and households with low incomes locked out of our state’s prosperity. 

State policymakers must do more for Californians now to show they can protect and care for the millions of people, especially Black, Latinx, and undocumented Californians, whose lives have been especially impacted by the health and economic crisis that rages on. Policymakers missed a critical opportunity to put a budget plan in place that, with additional and substantial revenue, could invest in the economic security of Californians, make the state’s tax system more equitable, and, in so doing, position our state to more quickly emerge from the recession. 

As state leaders consider revising the state budget later this summer, there is still time for them to act. State leaders should raise additional revenue and explore appropriate borrowing options to avoid additional fiscal austerity measures, such as cutting vital programs and services that will only cripple their ability to respond to ongoing public health and economic implications of COVID-19. 

While additional federal resources are crucial to help support Californians, our state leaders must take action to provide greater state support and produce the revenues needed to make significant public investment in California’s future.

This report outlines key pieces of the 2020-21 budget, with consideration for how the plan supports — or comes up short for — Californians with low incomes, as well as for women, Black, Latinx, immigrant, and undocumented Californians, and students. 

Contents

Budget Overview

Health & Economic Security

K-12 & Higher Education

Federal Aid & Trigger Cuts

What’s Next 


Budget Overview

Budget Agreement Uses Reserves, Available Federal Funds, and Other Budgetary Maneuvers

The 2020-21 budget agreement uses state reserves, funding made available through federal relief provided earlier this year, and other budgetary maneuvers to balance the state’s 2020-21 General Fund budget. 

The enacted budget draws down $8.8 billion in reserves, including $7.8 billion from the state’s Budget Stabilization Account (BSA), $450 million from the Safety Net Reserve, and all of the funds from a separate, smaller reserve for public schools. The state Constitution under Proposition 2 (2014) allows state leaders to withdraw up to one-half of the BSA in the first year of a fiscal emergency. For the current fiscal year (2019-20), the BSA balance is $16.1 billion, meaning state leaders will draw down almost half of the total available funds, leaving $8.3 billion for future use. State leaders also used half of the $900 million in the Safety Net Reserve, leaving $450 million for use in future years. The budget agreement also set aside $2.6 billion in a separate reserve, the Special Fund for Economic Uncertainties (SFEU), for potential use in 2020-21. 

Earlier this year, federal leaders enacted a series of fiscal relief packages in response to COVID-19. The 2020-21 budget agreement uses $10.1 billion provided through Medicaid’s enhanced Federal Medical Assistance Percentage (FMAP), the Coronavirus Relief Fund, and additional child care funding.

Other budgetary measures used to help balance the state’s General Fund budget include borrowing from special funds and delaying payments to K-12 schools and community colleges (see more below). 

While state leaders used a range of measures to enact a balanced budget, they missed an opportunity to pursue appropriate forms of borrowing that would have provided significant additional help in covering the state’s budget shortfall — in 2020-21 and in future years — and avoided making cuts to and deferring payments for vital services that Californians need now more than ever.

Budget Agreement Includes Additional Temporary Tax Revenue

In addition to drawing down on the state’s reserves, another strategy the budget agreement uses to address the budget problem is a temporary tax revenue increase. The revenue increase is primarily achieved by: 

  • Suspending Net Operating Loss (NOL) deductions for some businesses for tax years 2020 through 2022. Businesses generate NOLs when their expenses exceed their revenues for a given year, and this difference can be “carried forward” to reduce the business’ taxable income, and thus its tax bill, in future years. This suspension would only apply to businesses with at least $1 million in net business income. In 2018, only about 2% of corporations met this criteria, according to the Legislative Analyst’s Office, so this limitation would affect a small number of profitable businesses.
  • Limiting business tax credits to $5 million per business for tax years 2020 through 2022. This means that the total of all tax credits a business can claim to reduce their state income taxes in these years is limited to $5 million. The Low-Income Housing Tax Credit is exempt from this limit.

The state has enacted similar limits on business tax deductions and credits in past recessions, and this is a reasonable approach to help fill the budget gap since these provisions only affect profitable businesses and include exemptions for smaller businesses. However, the revenue increases are a relatively small portion of the solutions to close the budget gap. The Administration estimates that the tax changes will raise about $4.4 billion in 2020-21. Given the scale of the economic crisis confronting California, state policymakers missed a critical opportunity to boost revenues more substantially on an ongoing basis to help Californians weather the current health and economic crises and to help the state rebuild its economy into one that is more inclusive of all Californians particularly those who are Black, Latinx, undocumented, and who have low and middle incomes.

Health & Economic Security

Some Immigrant Families Will Now Benefit From the CalEITC, While Many Other Californians Remain Excluded From Tax Credits

After years of exclusion, immigrant families with children age 5 or younger will be able to access the California Earned Income Tax Credit (CalEITC) and Young Child Tax Credit for the first time beginning in tax year 2020. This will help these families, who earn little from their jobs and were shut out of federal COVID-19 economic recovery efforts, to buy groceries, diapers, and other necessities. However, hundreds of thousands of Californians remain excluded from the CalEITC simply because they or a family member files taxes with an Individual Taxpayer Identification Number (ITIN). In fact, an estimated 7 in 10 Californians in households where someone could qualify for the CalEITC if not for the fact that they file taxes with an ITIN will continue to be excluded from the credit, including many children. This exclusion, together with exclusions from federal tax credits, the federal recovery rebates, unemployment benefits, and other public supports, means that many Californians living in immigrant families have far fewer resources to meet basic needs, denying them a fair chance to thrive and build a better life. This exclusion also contributes to racial and ethnic discrimination in California’s tax code. The same tax system that excludes Californians who are mostly Latinx and Asian/Pacific Islander from the CalEITC, provides enormous benefits to wealthy Californians, most of whom are white. Ending the CalEITC exclusion would cost only about $35 million to $51 million, according to Budget Center estimates. That is just a fraction of the tens of billions of dollars California spends each year on all personal and corporate income tax breaks — and it would take a critical step toward dismantling policies that create vastly different opportunities and outcomes for Californians based on their race or ethnicity. 

Seniors Who Are Undocumented Won’t Receive Comprehensive Medi-Cal Coverage, Perpetuating Racial Health Disparities

Income-eligible California seniors (age 65+) who are undocumented will not receive full-scope Medi-Cal health care coverage under the 2020-21 budget. Policymakers’ failure to adopt this critical expansion for older Californians regardless of immigration status comes at a time when preventive health services and treatment for chronic health conditions are needed most. While seniors and people with chronic health conditions are at a higher risk of developing life-threatening complications from COVID-19, undocumented seniors with low incomes are particularly at risk because they have been historically excluded from health programs and services and face additional barriers to accessing routine care and treatment for chronic health conditions. Although extending full-scope Medi-Cal to this group would have required the state to commit new funding during a period of economic and fiscal uncertainty $80.5 million ($64.2 million General Fund) in 2020-21, rising to an estimated $350 million ($320 million General Fund) in 2022-23 this investment is critical from a long-term public health perspective and could be paid for by closing tax loopholes that primarily benefit the wealthy and corporations. Continuing to exclude Californians who are undocumented from vital health coverage is harmful to the state’s collective health and perpetuates racial health disparities. 

Federal and State Funds Will Help Address Some of the Needs of Californians Experiencing Homelessness

On any given night, more than 150,000 Californians are homeless  — a crisis affecting people and communities well before the COVID-19 pandemic. Now the urgency to help Californians who are without a permanent home has dramatically increased, because individuals experiencing homelessness face significant barriers to protecting themselves from exposure to the virus, while many are at high risk of serious complications and even death if infected because they are older adults and/or have chronic health conditions. Black Californians bear a disproportionate burden of both homelessness and COVID-19 deaths, and addressing the needs of homeless Californians now is important to avoid perpetuating and increasing these racial inequities. The budget agreement includes $550 million in federal CARES Act funds  and $50 million General Fund for acquisition and rehabilitation of hotels, motels, and other sites and related expenses to continue Project Roomkey on a more permanent basis. This initiative was launched in response to the COVID-19 pandemic to provide safe housing for especially at-risk homeless individuals in motel or hotel rooms. Additional CARES Act funds are provided to cities and counties to address COVID-19 needs related to homelessness, public health, public safety, or other services. In addition to these federal dollars that specifically address COVID-19, the budget agreement also allocates $300 million General Fund for local jurisdictions (Continuums of Care, cities, and counties) to address homelessness more broadly. This investment of state dollars recognizes that homelessness was one of the state’s most serious challenges even before the pandemic and requires action beyond the needs related to the pandemic. At the same time, $300 million in state funds is far less than the amount needed on an ongoing basis to fully meet the housing and support needs of all Californians experiencing homelessness.

Parents Will Gain More Access to Support Through CalWORKs to Meet Basic Needs While Facing an Exceptionally Challenging Job Market

Parents participating in CalWORKs, California’s welfare-to-work program, will have 12 more months of access to cash support and fewer confusing and restrictive work and education activity requirements under the 2020-21 budget. The budget agreement restores parents’ lifetime limit for receiving CalWORKs cash support to 60 months, the maximum allowed for federally funded support and an increase over the current 48-month time limit, which was adopted in 2011 to address a state budget shortfall in the wake of the Great Recession. The budget agreement also eliminates confusing CalWORKs “time clock” requirements, which limited parents to only 24 months to focus on addressing serious barriers to finding work or completing an education. Due to the time required to incorporate these changes into CalWORKs data systems, the changes will take effect in May 2022 or as soon after that date as the data system update can be completed.

These changes in CalWORKs for parents and families are especially important in the face of massive job losses due to the COVID-19 pandemic and the public health measures put in place to address it. With the loss of millions of jobs in California in just the past three months, it will be harder and will take longer for parents with work barriers to secure jobs that can cover the costs of living while also keeping their families safe and healthy. More parents will need to turn to CalWORKs for support, including some parents who turned to CalWORKs for support previously during the difficult job market and loss of housing stability in the Great Recession. CalWORKs primarily serves families of color, and workers of color — especially Black and Latinx women — have experienced the largest drops in employment due to the COVID-19 recession. Bolstering CalWORKs support for California families in their time of need by eliminating unnecessary time limit restrictions is an important step to make sure state policies do not further exacerbate racial disparities that cause Californians of color to bear the burden of the economic effects of the pandemic.

K-12 & Higher Education

Delaying Payments to K-12 Schools and Community Colleges Avoids Cuts Now but Creates Cost Pressures on the State and K-14 Schools

The budget agreement defers a large amount of K-12 school and community college payments but will reduce the amount of these deferrals if the state receives additional federal funding. Specifically, the budget package defers a total of $12.5 billion in K-14 education payments until 2021-22 — $11.0 billion in late payments for K-12 schools and $1.5 billion for community colleges. If $14.0 billion in federal funding becomes available by October 15, 2020, the payment deferrals to K-12 school and community college districts will be reduced by $6.6 billion — $5.8 billion to reduce deferrals for K-12 schools and $791.1 million to reduce deferrals for community colleges. The budget agreement also eliminates the 2020-21 cost-of-living adjustment to the Local Control Funding Formula (LCFF), a reduction of approximately $1.1 billion.

The payment deferrals included in the budget agreement allow the state to authorize a level of spending by K-12 schools and community colleges that the state cannot afford in 2020-21. Deferrals provide the state with one year of savings, which occurs in the initial year of a deferral, without requiring K-12 school and community college districts to reduce their spending. However, without the state payments, school districts and community colleges must front the cash in order to maintain spending levels. In the short-term, deferrals avoid state cuts to K-14 education but the amount of the deferral must eventually be repaid and creates future cost pressures on the state, and current and future cost pressures on K-14 schools. State leaders could better position the state to maintain funding for schools and community colleges — now and in future years — by raising additional revenues and pursuing alternative borrowing options.

The California State University and the University of California Face Steep Cuts Unless the State Receives Federal Funding

Under the 2020-21 budget, the CSU and the UC face significant cuts — $400 million and $370 million General Fund, respectively — unless the federal government steps in. These cuts could be fully restored if the state receives $14 billion in federal funds by September 1, or potentially simply reduced if federal funds are less than the $14 billion requested. While the Legislature has indicated its intent to avoid any “disproportionate impact on low-income students, students from underrepresented minority groups, and other disadvantaged students,” these cuts could result in the CSU and the UC raising tuition and increasing fees, as in previous recessions. These actions would raise the cost of attending college for students with low and moderate incomes, many of whom already struggle with tuition and living costs.

However, the 2020-21 budget also provides one-time General Fund dollars for summer-term financial aid ($6 million to the CSU and $4 million to the UC). This support will help low-income students graduate on time and could ease capacity limitations. The budget agreement also provides local assistance funds from the California Dreamer Service Incentive Grant program for emergency financial aid to undocumented students, with $3 million allocated to the CSU and $1 million to the UC. This funding is particularly important for undocumented students, whom the federal government barred from receiving COVID-19 assistance. Here again, instead of cutting funding for CSU and UC, state leaders could better position the state to support those systems and the students that they serve by raising additional revenues and pursuing appropriate borrowing options.

Federal Aid & Trigger Cuts

Some Spending Cuts and Payment Delays Would Be Rolled Back if California Receives $14 Billion in Additional Federal Funding

A variety of state budget actions totaling $11.1 billion would take effect if Congress provides California with an additional $14 billion in federal funding by October 15, 2020. Under this “trigger” mechanism, the state would:

  • Eliminate $6.6 billion in payment delays, or “deferrals,” to K-14 education ($5.8 billion for K-12 schools and $791.1 million for community colleges).
  • Deposit $1.9 billion into a new state fund to offset cuts to state employee compensation.
  • Repay up to $936 million in special fund loans to the General Fund.
  • Restore $498.1 million for the CSU.
  • Restore $471.6 million for the UC.
  • Provide counties with an additional $250 million, on top of the $750 million already included in the budget, to make up for reduced sales tax revenue collections — dollars that the counties use to operate a range of programs, including health-related services.
  • Restore $203 million for the infrastructure grant program operated by the Department of Housing and Community Development.
  • Restore $150 million for the judicial branch.
  • Restore $88.4 million for the Golden State Teacher Grant Program operated by the California Student Aid Commission.
  • Restore $46.4 million for the operation of the child support program.
  • Restore $45 million for moderate-income housing production.
  • Restore $1.9 million to the Hastings College of the Law.

If the state receives less than $14 billion in federal funds, but at least $2 billion, the amount above $2 billion would be allocated proportionally among the purposes listed above. If the state receives less than $2 billion in additional federal funds, or no funding at all, the spending cuts and K-14 deferrals would remain in effect, and the counties would not receive the additional $250 million.

While additional federal fiscal relief is clearly needed, enacting a 2020-21 budget that relies upon unknown support from the federal government in order to roll back significant cuts to vital services creates tremendous uncertainty and instability and only delays addressing California’s fiscal challenges using the full array of options available to the state.

What’s Next

Moving California Forward Requires Significant Investment

We can’t ignore how quickly COVID-19 has changed California’s fiscal outlook. Nor can we look away from the high price Californians are paying as they shoulder the economic impact of this crisis. The sudden and widespread job and income losses due to the necessary stay-at-home orders have left millions of Californians — especially Black, Latinx and undocumented Californians, as well as low-income households — struggling to pay rent and buy groceries.

Austerity measures won’t move California forward. The clearest path requires the state to help the people, families, and organizations that have been economically harmed by the crisis not just survive but recover and thrive. This requires significant public investment. 

And while state leaders are required by law to balance the budget, policymakers have options to avoid cutting vital public supports and deferring payments that will cause further harm at a time when so many Californians are struggling with the health and economic implications of COVID-19. In addition to urgently requesting additional federal fiscal relief, policymakers should borrow appropriately and raise taxes in ways that produce significant additional revenue and make the state’s tax system more equitable for Californians. 

We are living in unusual times that demand extraordinary responses. Doing what Californians need now will mean making some difficult choices so that the state can provide and maintain targeted assistance to the individuals, families, and organizations most affected by the crisis. These decisions may be big and daunting for state leaders, but they are our best shot at bending the curve of this pandemic and economic downturn in a direction that will benefit all Californians as quickly as possible and improve the state’s economic and fiscal outlook.

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Executive Summary

On May 14, 2020, Governor Gavin Newsom released the May Revision to his proposed 2020-21 state budget. Our state is facing unprecedented challenges as a result of the COVID-19 crisis an estimated $54 billion state budget shortfall for the current (2019-20) and next (2020-21) fiscal years, a rapid increase in unemployment, and millions of Californians in need of assistance as they confront new challenges to paying rent, buying groceries, and covering the costs of basic needs. The health and economic hardships are especially striking for Black and Latinx Californians, women and children in low-income households, and undocumented Californians.  

In response to these challenges, the Governor’s revised budget proposes to use a multi-pronged strategy to close the state’s budget shortfall. This strategy includes: 

  • Canceling new spending proposed in January and canceling or reducing spending included in last year’s budget act ($8.4 billion). This includes canceling $6.1 billion in program expansions and spending increases proposed in January as well as one-time spending included in the 2019-20 budget. It also includes redirecting a $2.4 billion supplemental payment to the California Public Employees’ Retirement System (CalPERS) included in the 2019-20 budget. 
  • Drawing down reserves ($8.6 billion). The proposal withdraws $7.8 billion from the state’s primary reserve, the Budget Stabilization Account (BSA); $450 million from the Safety Net Reserve, and $377 million from a reserve for K-12 schools and community colleges.
  • Internal borrowing, transfers, and deferrals ($10.4 billion). This includes borrowing and transfers from special funds ($4.1 billion), deferral of payments in the Local Control Funding Formula (LCFF) for K-12 education ($5.3 billion), and deferral of apportionments to the California Community Colleges ($992 million). 
  • Generating new revenues ($4.4 billion). The Governor’s proposal would temporarily suspend net operating losses that businesses can report against their taxes and limit the amount of tax credits a business can use in any year to $5 million. Both short-term limitations (through 2022-23) would primarily affect medium-size and large corporations and would generate $4.4 billion in additional revenues.  
  • Using available federal funds ($8.3 billion). The May Revision would apply federal CARES Act funds already made available to the state to support public schools, public health, and public safety. 
  • Triggering cuts to ongoing spending if additional federal fiscal relief is not provided ($14 billion). The Administration calls for $14 billion in cuts to ongoing programs and employee compensation, which can be avoided if sufficient additional federal fiscal relief is provided. Notable trigger cuts would include:
    • Nearly $7 billion in funding for K-12 schools and the Local Control Funding Formula (LCFF);
    • $2.8 billion in reduced employee compensation costs by requiring all collective bargaining units to reduce pay by 10%;
    • $1.6 billion for various health programs;
    • $1.1 billion for the California Community Colleges; 
    • $850 million for CalWorks;
    • $780 million for CSU and UC;
    • $707 million to support child care providers and infrastructure;
    • $490 million for preschool spaces and provider payment rates;
    • $270 million for courts and the judiciary;
    • $217 million for IHSS; and
    • $34 million for SSI-SSP.

This strategy – if federal relief is forthcoming and the trigger cuts are avoided – allows the Administration to largely maintain funding for programs and supports that provide cash assistance and critical services to Californians with low-incomes who are disproportionately affected by the health and economic effects of the crisis. Most notably, the May Revision includes ongoing support for the California Earned Income Tax Credit (CalEITC) and maintains support for eligibility and grant levels for CalWORKs and SSI-SSP. Support is also largely maintained for Medi-Cal, with some rollbacks of policies enacted in prior years.

The May Revision underscores the fundamental importance of receiving additional federal fiscal relief to avoid cuts to other vital services. 

At the same time, the urgency of this moment requires that the state do more than cover budget shortfalls. Amid the economic and fiscal realities presented by the COVID-19 crisis there is an opportunity to address long-standing economic inequities built into state systems and the tax code. Raising additional revenue must be considered for the state to respond to the public health crisis and the economic crisis both of which require significant public investment. Supporting our communities and people now will help address the immediate crisis, position the state for a return to growth, and move our state toward an economy that is inclusive of all Californians. 

The following sections summarize key provisions of the Governor’s May Revision. Please visit the Budget Center’s Economic, Health & COVID-19 webpage for our latest commentary and analysis.

Contents

Budget Overview

Economic Security

Health 

Homelessness & Housing

Education 

Corrections & Justice

Emergency & Environmental Response 


Budget Overview

Economic Outlook Anticipates a Deep Recession Followed by a Slow Recovery

California’s economic outlook has changed dramatically since the Governor’s initial 2020-21 budget proposal, as the US economy entered into a recession in March. The Administration’s revised economic forecast expects this recession to be more severe than the Great Recession in terms of lost jobs and wages. Specifically, the Administration expects California’s unemployment rate to reach 24.5% in the second quarter of 2020, with 4.8 million people out of work – more than double the number of unemployed Californians at the worst point of the Great Recession. People with lower incomes are expected to shoulder much of this job loss. Additionally, the Administration projects that total wages and salaries in California will fall by 12.8% ($170 billion) in 2020, or about twice the drop that occurred during the Great Recession. Recovery from this recession is expected to be “gradual, fairly measured, and restrained,” according to the Administration, with the number of jobs in California not returning to pre-recession levels for six years – only one year faster than the recovery from the Great Recession.

Revised Budget Projects Revenues Will Be More Than $40 Billion Lower than Forecast in January, and Proposes $4.4 Billion in Revenue Solutions

The COVID-19 crisis and the extraordinary measures that have been taken to limit the spread of the virus have caused estimates of state revenues to plummet. The Administration forecasts that General Fund revenue will be $43 billion lower – before transfers – over the 3-year budget window (reflecting fiscal years 2018-19 through 2020-21) than projected in the Governor’s January budget proposal absent any policy actions to increase revenue. In contrast, the Legislative Analyst’s Office estimates that revenue over the budget window will be between $26 billion and $39 billion lower than the Governor’s January projections, depending on the trajectory of the economic recovery from the COVID-induced recession.

The Administration’s estimate of the overall decline mainly reflects decreased revenue estimates of:

  • $33 billion in personal income taxes, reflecting lower taxable wages due to high unemployment, lower capital gains due to declines in the stock market forecast, and lower proprietorship income.
  • $10 billion in sales and use taxes, reflecting lower consumer spending and business capital investment.
  • $5 billion in corporation taxes, reflecting lower corporate profits.

These declines are partially offset by expected payments from the federal government related to the COVID-19 crisis and California wildfires. Additionally, the Governor proposes several tax measures that will raise an estimated $4.4 billion in General Fund revenue in 2020-21. Namely, the proposal would:

  • Temporarily suspend Net Operating Loss (NOL) deductions for businesses with income above $1 million (for the 2020, 2021, and 2022 tax years). NOLs arise when a business has losses and deductions that exceed its taxable income, and can generally be “carried forward” to offset the business’ taxable income in future years.
  • Temporarily limiting the amount of tax credits that a business can claim to $5 million (for tax years 2020, 2021, and 2022).
  • Allow an exemption from the $800 minimum tax in the first year of business for partnerships, limited liability companies (LLCs), and limited liability partnerships (LLPs). This proposal would cost an estimated $50 million in 2020-21, which is reflected in the $4.4 billion estimate of revenue solutions, and $100 million in 2021-22 and 2022-23.

After incorporating the proposed budget solutions, as well as a $7.8 billion transfer from the Budget Stabilization Account (the “rainy day fund”) and other transfers, the May Revision reflects General Fund revenue for 2020-21 that is $14.2 billion lower than forecast in the January budget, and $6.4 billion lower than the enacted 2019-20 budget. Additionally, estimated revenues for 2019-20 have been revised down by $7 billion from the enacted 2019-20 budget. In the longer-term, the Administration forecasts that General Fund Revenue from the three primary tax sources – the personal income tax, sales and use tax, and corporation tax – will begin to grow in 2021-22 but will still remain lower than its 2018-19 level in 2023-24.

Finally, the revised budget maintains the Governor’s January proposal to create a new “vaping tax” of $2 per 40 milligrams of nicotine beginning in 2021. The revenues from this tax, estimated to total $33 million in 2020-21, will not go into the General Fund but would be deposited into a new special fund to be used to offset some Medi-Cal costs, support the administration of the tax, and combat the underground market for vaping products.

May Revision Draws Down Reserves to Help Cover Budget Shortfall

California voters approved Proposition 2 in November 2014, amending the California Constitution to revise the rules for the state’s Budget Stabilization Account (BSA), commonly referred to as the rainy day fund. Prop. 2 requires an annual set-aside equal to 1.5% of estimated General Fund revenues. An additional set-aside is required when capital gains revenues in a given year exceed 8% of General Fund tax revenues. For 15 years — from 2015-16 to 2029-30 — half of these funds must be deposited into the rainy day fund and the other half is to be used to reduce certain state liabilities (also known as “budgetary debt”).

BSA funds may be withdrawn in the event of a budget emergency, including an economic downturn. However, the entire balance cannot be removed immediately — only the amount needed to address the budget emergency may be withdrawn, subject to the additional limitation that a withdrawal may not exceed 50% of the BSA balance in the first year of a budget emergency. In the second consecutive year of a budget emergency, all of the funds remaining in the BSA may be withdrawn. Funds that are taken out of the BSA may go toward any purpose determined by the Legislature. For example, these dollars could be used for health care services, subsidized child care for working families, cash assistance for people with low incomes, K-12 schools, and any number of other public services and systems.

Prop. 2 also established a new state budget reserve for K-12 schools and community colleges called the Public School System Stabilization Account (PSSSA). Prop. 2 requires that, when certain conditions are met, the state deposit a portion of General Fund revenues into the new reserve as part of California’s Proposition 98 funding guarantee (see section on Prop. 98).

Additionally, the 2018-19 budget agreement created a new Safety Net Reserve, which holds funds that can be used to maintain benefits and services for people enrolled in CalWORKs and Medi-Cal in the event of an economic downturn.

Currently, the state’s reserves consist of:

  • $16.2 billion in the BSA;
  • $377 million in the PSSSA; and
  • $900 million in the Safety Net Reserve.

The May Revision proposes to draw down $8.6 billion from these reserves, including:

  • $7.8 billion from the BSA;
  • $377 million from the PSSSA; and
  • $450 million from the Safety Net Reserve.

The remaining funds in the BSA and the Safety Net Reserve would be available for use in future fiscal years.

Each year, the state also deposits additional funds into a “Special Fund for Economic
Uncertainties” (SFEU). The SFEU serves as a buffer against unanticipated revenue shortfalls or spending increases. The May Revision proposes an SFEU balance of $2 billion by the end of 2020-21.

Economic Security

Administration Fails to Extend the CalEITC to Excluded Californians

Hundreds of thousands of Californians with low incomes are excluded from the California Earned Income Tax Credit (CalEITC) and Young Child Tax Credit (YCTC) because they file their taxes with federally issued Individual Taxpayer Identification Numbers (ITINs). These Californians are also excluded from the federal EITC and recent federal supports that will provide economic relief to people struggling financially due to the COVID-19 recession, including enhanced unemployment benefits and federal recovery rebates. As a result, the after-tax incomes of children whose parents file using ITINs are far lower than those of children whose parents have identical earnings from work but who file using Social Security Numbers.

Although the COVID-19 crisis has highlighted the urgent need for policymakers to address racial and ethnic inequities due to state and federal policy choices, the Governor’s May Revision does not extend the CalEITC or YCTC to these excluded Californians. The revised budget simply maintains these credits for the 2020 tax year, with no changes in eligibility or credit size.

May Revision Withdraws Proposal to Extend Medi-Cal to Undocumented Seniors and Leaves Out Extension of CalEITC to ITIN filers

California has the largest share of immigrant residents of any state, and half of all California workers are immigrants or children of immigrants. Given the prominence of immigrants in California’s population and the state’s economy, recent and ongoing federal actions that limit immigration, aggressively enforce immigration laws, and seek to exclude immigrant communities from economic relief have significant negative implications for California. 

The May Revision maintains important proposals that the Governor unveiled in January, including establishing the Social Entrepreneurs for Economic Development Initiative and funding to monitor compliance with Assembly Bill 1747 (Gonzales, Chapter 789 of 2019), that limited the use of the California Law Enforcement Telecommunications System (CLETS) for immigration enforcement purposes. However, the Governor misses key opportunities to support Californians most in need during the COVID-19 pandemic. Specifically, the May Revision:

  • Withdraws the Governor’s January proposal to expand comprehensive Medi-Cal coverage to seniors regardless of immigration status.
  • Fails to extend the California Earned Income Tax Credit (CalEITC) and Young Child Tax Credit (YCTC) to Californians who file taxes with federally issued Individual Taxpayer Identification Numbers (ITINs).
  • Withdraws the $5.8 million funding increase proposed in January for Dreamer Resource Liaisons at Community Colleges.
  • Reverts $4.7 million appropriated in the 2019-20 budget for the Immigration Justice Fellowship Program.

While California continues to make strides to provide support and create safe communities for immigrants, it is crucial that state leaders support undocumented Californians during the COVID-19 crises. State policymakers must step up to fill the gap in federal relief efforts that have left out Californians who are undocumented.

Federal and State Emergency Funds Have Supported Subsidized Child Care, but Trigger Cuts Would Significantly Reduce State Funding

Subsidized child care allows parents with low and moderate incomes to find jobs and remain employed, feeling secure that their children have a safe space to learn and grow. These programs provide a critical service, keeping families across California afloat. The state and federal government have taken action during the COVID-19 pandemic to support the subsidized child care and development system during this health and economic crisis, and the May Revision takes these actions into account. 

For instance, to support families, Governor Newsom’s Administration has waived the fees for families who were receiving subsidized care prior to the pandemic through June 30, 2020. Governor Newsom has also provided 20,000 limited-term subsidized child care spaces – prioritizing essential workers who earn lower wages and certain at-risk populations. These spaces are funded with $50 million from Senate Bill 89 – emergency legislation enacted in March 2020 to fund COVID-19 response efforts. The state also helped to set up nearly 500 pop-up child care programs for employers of essential workers.

The Administration is also supporting child care providers in various ways during the pandemic, such as allocating $50 million from SB 89 for cleaning supplies and personal protective equipment for providers who remain open and serving essential workers, children with disabilities, or certain at-risk populations. This funding is available to providers that offer subsidized child care and to providers that do not. In addition, the state is also providing payment to subsidized providers on a short-term basis even if they close or serve fewer children. 

In addition to state actions, the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act provided $3.5 billion in one-time supplemental funds for the Child Care and Development Block Grant. California received $350.3 million of this additional funding. Federal statute requires states to supplement state funding for subsidized child care – not to replace funding. However, the state can use this federal funding for reimbursement for actions already taken to respond to the pandemic. The May Revision proposes to use $144.3 million of the federal CARES Act child care funding to cover the costs of the aforementioned state actions. The May Revision would allocate the remaining $206 million in federal funds in the following way:

  • $125 million for one-time stipends for subsidized child care providers. These stipends would target providers who remain open during the pandemic in recognition of the increased cost of providing care. The May Revision does not provide details on the value of the stipend.
  • $73 million for additional access to subsidized care. The May Revision does not provide details on whether or not this includes additional spaces for children or if the funding is meant to extend the duration of the term-limited 20,000 spaces mentioned above. 
  • $8 million to waive family fees through June 30, 2020.  

The May Revision also proposes to use $53.3 million in increased federal funding for subsidized child care from the 2020 federal appropriations bill to provide 5,600 child care spaces in the Alternative Payment Program.

However, the May Revision also proposes $707.4 million in trigger cuts that could harm child care providers even while they provide care for essential workers’ children. In turn, this could jeopardize families’ access to subsidized care. These cuts will go into effect on July 1, 2020 if the federal government does not provide additional fiscal relief to the state during this COVID-19 health and economic crisis. These cuts would include:

  • $408 million for child care infrastructure ($363 General Fund and $45 million federal funds). The 2019-20 budget act included $440 million in one-time funding for child care facilities and workforce development. The May Revision would cut nearly all of this funding absent federal assistance.
  • $223.8 million General Fund from a 10% reduction in provider payment rates. These cuts would affect both the Regional Market Rate for voucher-based providers and the Standard Reimbursement Rate for providers who contract directly with the state. 
  • $100 million Prop. 98 for the After School Education and Safety Program. This program offers expanded learning and care for elementary and middle-school students in schools with a higher share of students with low incomes. This cut would erase gains made in recent years to boost provider payment rates, and would return the rates per student to the same level they were in 2006 – even though programs would be expected to serve the same number of students. This is despite increased program costs due to the rising minimum wage and other operating expenses.
  • $35.9 million General Fund for decreased enrollment in CalWORKs Stage 2 and Stage 3 child care.  
  • $25.3 million General Fund by suspending the cost-of-living adjustment. For providers who contract with the state, this would be a cut in the payment rate. For voucher-based child care, this would mean fewer spaces for children. 
  • $14.4 million General Fund for planning and policy. Absent federal action, the May Revision would cut $10 million in one-time funding for a child care data system that was part of the 2019-20 budget agreement. The May Revision would also reduce funding for the Early Childhood Policy Council by $4.4 million, which would leave $2.2 million to be used in 2020-21 and 2021-22.

Lastly, the May Revision would alter the proposal included in the Governor’s January Proposal to create a new Department of Early Childhood Development under the California Health and Human Services Agency. Instead, the May Revision proposes to consolidate all child care programs within the California Department of Social Services, effective July 1, 2021. (Currently, subsidized child care programs are administered by both the Department of Social Services and the Department of Education.) This modified proposal would be funded with $2 million General Fund.

The Administration’s May Revision Maintains Recent Investments in CalWORKs Grants, Makes Cuts to Some Services

The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides modest cash assistance for low-income children while helping parents overcome barriers to employment and find jobs. Even before the COVID-19 crisis, CalWORKs primarily served children of color, who faced higher rates of economic insecurity than did white children. Now, with millions of California workers – especially workers of color – facing unemployment or lost wages due to the public health emergency, CalWORKs is a particularly critical source of support.As a result of the economic downturn, the Administration anticipates a significant increase in the average monthly number of CalWORKs families in 2020-21. To support these additional families, the Administration provides $82.3 million in General Fund and federal Temporary Assistance for Needy Families (TANF) dollars to facilitate enrollment. Additionally, the Governor’s May Revision maintains grants at the increased levels determined in the 2019-20 budget agreement and withdraws his January proposal to provide additional grant increases. The revised spending plan also withdraws the proposal to increase the amount of child support payments that are passed through to CalWORKs families and to pursue statutory changes to forgive uncollectible child support debt.Finally, the Administration proposes a total of $850 million General Fund in trigger cuts to various CalWORKs services in 2020-21, unless the federal government provides additional funding. The May Revision:
  • Cuts employment services and child care by $665 million General Fund in anticipation of reduced use of those services.
  • Reduces expanded subsidized employment by $134 million General Fund.
  • Scales back funding for home visiting by $30 million General Fund.
  • Ends funding for the CalWORKs Outcomes and Accountability Review (Cal-OAR) performance measurement system, though counties may continue implementing this system on their own. This proposal would yield a General Fund reduction of $21 million. 

Two Key Supports for Seniors and People With Disabilities – IHSS and SSI/SSP – Would Face Trigger Cuts Under the May Revision

The May Revision includes trigger cuts to two key safety net supports for seniors and people with disabilities: In-Home Supportive Services (IHSS) and Supplemental Security Income/State Supplementary Payment (SSI/SSP) grants. IHSS helps around 560,000 Californians with low incomes remain safely in their own homes, preventing the need for out-of-home care. SSI/SSP grants help well over 1 million Californians with low incomes to pay for housing and other necessities. These grants are funded with federal (SSI) and state (SSP) dollars.

The trigger cuts proposed for IHSS and SSI/SSP would take effect unless California receives additional federal funding to help close the state budget shortfall. Specifically, the Administration proposes to:

  • Reduce IHSS consumers’ hours of care by 7%, for a General Fund reduction of $205 million in 2020-21. This change would take effect in January 2021. By reducing hours of care, this proposal would result in a pay cut for IHSS providers, who are mainly women and people of color.
  • Reduce the state’s SSP grant by the same amount as the pending federal SSI increase, for a General Fund reduction of $33.6 million in 2020-21. This change would take effect in January 2021. Because the SSP portion would go down while the SSI portion would rise, this change would have “no impact on the grant amount” that people receive, according to budget documents.

Health

The May Revision Provides Funding for Public Health, But Falls Short of What is Needed to More Adequately Respond to COVID-19 and Prepare for Future Threats

The Department of Public Health has been at the forefront of protecting and promoting the health of Californians during the COVID-19 pandemic. The Department’s efforts include issuing a stay-at-home order, ramping up testing for the virus, and increasing hospital capacity. The Governor’s revised budget includes a modest increase in funding for public health, totaling $3.2 billion ($209.1 million General Fund) in 2020-21 for the Department. Specifically, the May Revision:

  • Directs $3.8 billion federal funds from the Coronavirus Aid, Relief, and Economic Security (CARES) Act to protect public health and safety, including $1.3 billion to counties for public health, behavioral health, and other health services and $450 million to cities for public safety and to support Californians experiencing homelessness. There is no state funding included in the budget for local public health departments.
  • Maintains and increases the Department’s disease surveillance and identification workforce. This includes a proposed increase of $5.9 million General Fund for 2020-21 and $4.8 million General Fund ongoing to increase testing capacity and to purchase equipment and supplies for COVID-19 testing. These resources will also support emergency coordination, communication, and response as well as provide ongoing support for public health laboratory capacity and disease surveillance.
  • Maintains funding for infectious disease prevention and control, including $5 million General Fund each for STD, HIV, and hepatitis C virus prevention and control.

Public health officials throughout the state have expressed that more support is needed to adequately bolster public health infrastructure during the COVID-19 pandemic. Additional funding for local health departments could help to increase contact tracing, further expand testing, and acquire personal protective equipment. Investing in public health infrastructure and ensuring that health care professionals have the supplies they need to treat patients with COVID-19 is critical to slowing the spread of the virus as well as mitigating the overall threat to population health. California and federal leaders must work together to provide the resources and coordination needed to help communities adequately respond to the virus and to prepare for future threats.

The Governor’s Revised Budget Scales Back Proposals to Improve Medi-Cal and Misses a Key Opportunity to Advance Health Equity

As the COVID-19 pandemic and economic downturn continue to cause hardship for many Californians, our health programs are more important than ever. In response to a rise in unemployment, more Californians are expected to qualify for Medi-Cal (California’s Medicaid program), which currently provides free or low-cost health care to nearly 13 million Californians with modest incomes. This number is projected to increase to 14.5 million by July 2020 due to COVID-19-related unemployment. In addition, many Californians whose incomes are too high to qualify for Medi-Cal will continue to have access to subsidized health insurance through Covered California, with many eligible for new state premium subsidies that took effect this year. While the state’s major health coverage programs would largely remain intact under the Governor’s proposal, the May Revision does include significant reductions to health services that could worsen health outcomes as well as undermine efforts to advance health equity, which is especially critical to address in the midst of this pandemic.  

Due to the budget shortfall, several proposals that the Governor advanced in January are now rescinded. For example, the Governor has:

  • Withdrawn his plan to expand full-scope Medi-Cal to all income-eligible seniors (age 65+) regardless of immigration status. In recent years, California has expanded eligibility for comprehensive Medi-Cal coverage to children and youth through age 25 who are undocumented. While the Governor’s revised budget maintains Medi-Cal eligibility for these groups, older Californians who are undocumented remain locked out of comprehensive health coverage at a time when preventive health services and treatment for chronic health conditions are needed most. This includes seniors, who are most at risk of severe illness from COVID-19 and even death. Having regular access to health care services may help to improve one’s health status, thereby improving the chances of recovering from COVID-19.
  • Delayed CalAIM (California Advancing and Innovating Medi-Cal), an ambitious effort to reform Medi-Cal by coordinating physical health, behavioral health, and social services in a patient-centered manner. The revised budget delays the implementation of this initiative, resulting in a decrease of $695 million ($347.5 million General Fund) in 2020-21. 
  • Canceled the Behavioral Health Quality Improvement Program, which would have supported counties in improving their behavioral health systems. While dropping this proposal will reduce General Fund spending by $45.1 million in 2020-21 and $42 million in 2021-22, it may come at a long-term cost. Behavioral health services – mental health care and/or treatment for substance use – are primarily provided by California’s 58 counties, with funding from the state and federal governments. Before the COVID-19 pandemic, Californians with behavioral health conditions confronted many challenges in accessing services that are delivered by multiple complex systems. The increased stress, grief, isolation, and depression, especially among Black and Latinx Californians – who have been disproportionately impacted by the current crisis – highlight the need to prepare for a possible behavioral health crisis on the horizon.

In addition to January proposals that have been withdrawn, the revised budget proposes to halt the implementation of certain policies that were enacted during the 2019-20 legislative cycle. For example, the Governor proposes to:

  • Roll back the expansion of postpartum mental health services in Medi-Cal, part of the 2019-20 budget agreement. This expansion is intended to extend the duration of Medi-Cal eligibility for postpartum care for an individual who is diagnosed with a maternal mental health condition to one year after giving birth. The Governor’s proposal would reduce General Fund spending by $34.3 million in 2020-21.
  • Cancel a planned reform to Medi-Cal’s eligibility rules that would have benefited seniors with low incomes. Medi-Cal applies different rules to seniors and younger adults in determining eligibility for no-cost health care services – rules that put seniors at a disadvantage. The income cut-off for people who are 65 or older is just 123% of the federal poverty line, compared to 138% of the poverty line for people who are under 65. Seniors who fall into this coverage cap (the “senior penalty”) must pay a deductible that can amount to hundreds of dollars per month to access Medi-Cal services. The 2019-20 budget package reformed Medi-Cal’s eligibility rules to eliminate the senior penalty. However, this new policy has not yet been implemented, and the Governor now proposes to change state law to keep the senior penalty in place. The Governor’s proposal would reduce General Fund spending by $67.7 million in 2020-21 and would cause the state to lose an equivalent amount of federal funding.

The Governor also proposes trigger cuts to numerous health care-related programs unless the state receives additional federal funding to help close the state budget shortfall. Specifically, the Administration proposes to: 

  • Reduce Medi-Cal adult dental benefits and eliminate other benefits to reduce General Fund spending by $54.7 million in 2020-21. The “optional” Medi-Cal benefits that would be eliminated include audiology, speech therapy, optometry, occupational and physical therapy, pharmacists’ services, intervention and referral services for substance use, and diabetes prevention programs.
  • Redirect $1.2 billion in Proposition 56 tobacco tax funds to offset General Fund costs for Medi-Cal instead of its intended use: boosting payments for doctors and other Medi-Cal providers. In other words, this proposal would use Prop. 56 revenues to pay for typical, year-over-year cost increases in Medi-Cal, which would help to address the state’s General Fund budget shortfall. This proposal would continue to use a small amount of Prop. 56 funds (about $67 million) for a limited set of rate increases, including for home health providers, certain pediatric facilities, and trauma screenings.
  • Eliminate Community-Based Adult Services (CBAS) and the Multipurpose Senior Services Program (MSSP) for a combined General Fund reduction of $129 million in 2020-21. Eliminating CBAS would reduce General Fund spending by $106.8 million in 2020-21 and $255.8 million ongoing. Eliminating MSSP is projected to reduce General fund spending by $22.2 million in 2020-21 and $21.8 million ongoing. 
  • Remove payment adjustments for Federally Qualified Health Centers to reduce spending by $100 million ($50 million General Fund). 
  • Reinstate the Medi-Cal Estate Recovery Program to reduce General Fund spending by $16.9 million beginning in 2020-21. Through this program, DCHS seeks to recover Medi-Cal costs from the estates of certain deceased beneficiaries. 
  • Terminate a supplemental payment for Martin Luther King, Jr. Hospital to reduce General Fund spending by $8.2 million in 2020-21 and $12.4 million ongoing.
  • Maintain county administration funding at 2019 levels to reduce spending by $31.4 million ($11 million General Fund).
  • Cancel the Family Mosaic Project to reduce General Fund spending by $1.1 million ongoing.This program provides behavioral health services and intensive case management for children with serious emotional problems who have been removed from their homes or are at risk of out-of-home placement in San Francisco County. 
  • Eliminate ongoing funding for the Song-Brown Healthcare Workforce Training Program to reduce General Fund spending by $33.3 million ongoing. The Administration proposes to not implement the 2019-20 budget action to make state funding for the Song-Brown program ongoing. This program provides grants to support primary care residency training programs in California.

Homelessness & Housing

Governor Proposes Using Federal COVID-19 Funds to Address Homelessness by Purchasing Motels, But No State Spending for Homeless Services

California has more than 25% of the nation’s population of homeless individuals, with an estimated 151,278 homeless residents as of January 2019. More than two-thirds of California’s homeless residents are unsheltered, sleeping in locations such as in a vehicle, in a park, or on the street, where they face particularly severe health risks from COVID-19. In January, the Administration highlighted homelessness as a key challenge facing California and a major focus for new state spending, proposing to allocate $750 million one-time General Fund to support a broad range of strategies to address the needs of individuals experiencing homelessness. The May Revision withdraws this January proposal in response to the changed fiscal and policy context due to the COVID-19 outbreak.

The Governor notes that since the start of the pandemic, the state has allocated $150 million to local jurisdictions and the Department of Social Services to help reduce the spread of COVID-19 among Californians experiencing homelessness and to safely house homeless individuals at highest risk of harm from the virus. This state spending has been reimbursed through federal dollars for COVID-19 response. In part these funds supported the launch of Project Roomkey, an initiative to provide safe isolation housing for especially at-risk homeless individuals in motel or hotel rooms. Federal Emergency Management Agency (FEMA) funds for COVID-19 response support most of the operating costs of this program, leveraged by local government funds.

Moving forward, the Governor proposes no General Fund spending for housing or services to address homelessness. Instead, the May Revision proposes utilizing $750 million total in federal COVID-19 funds allocated to the state. These include the $150 million already spent as described above, plus an additional $600 million specifically to purchase hotels and motels currently used for Project Roomkey and to provide related technical assistance. These hotel/motel properties would then be owned and operated by local governments or nonprofit providers to house homeless individuals on an ongoing basis. The May Revision does not address how the operations of these properties would be supported once FEMA funds to address COVID-19 are no longer available.

To strengthen coordination of the state’s efforts to address homelessness, the May Revision includes a modest investment of $1.5 million General Fund ongoing and 10 permanent positions to more fully staff the Homeless Coordinating and Financial Council. The revised budget defers or withdraws state investments that were proposed in January to address the mental and behavioral health needs of Californians experiencing homelessness, including the CalAIM initiative to transform Medi-Cal (see the Health section).

Governor Maintains Boosted Housing Tax Credits, But Rolls Back Unallocated Housing Production Funds

More than half of California renter households paid more than 30% of their income toward rent before the COVID-19 outbreak, and high housing costs are a key driver of California’s high poverty rate. Extensive job losses resulting from the COVID-19 public health crisis threaten to increase the number of Californians who struggle to afford their housing costs.

To support the production of affordable housing, the Governor’s May Revision preserves the $500 million expansion of the state’s Low Income Housing Tax Credit (LIHTC) program to maintain LIHTC expenditures at the boosted level adopted in the 2019-20 budget. These state tax credits support affordable housing development, pairing with federal housing tax credits to help cover housing developers’ project costs. The Administration also notes that new federal funds to support critical infrastructure, disaster relief, and housing development are now available to the state through the Community Development Block Grant program to address unmet needs related to the 2017 and 2018 wildfires and related to COVID-19.

At the same time, the Governor proposes recapturing roughly $565 million in grant funds that had been targeted for housing production in the 2019-20 budget, but had not yet been allocated to specific projects. These funds include $250 million originally intended to support mixed-income housing development, $203 million to support infill infrastructure development, and $115 million in other housing program funds.

The May Revision includes funding for foreclosure prevention that comes from a court decision last year that found that the state previously improperly diverted to the General Fund $331 million intended for a special fund to assist California homeowners affected by the mortgage crisis during the Great Recession. The Administration now proposes spending the bulk of these funds ($300 million) on mortgage assistance and housing counseling through the California Housing Financing Agency, with the remaining $31 million to support housing-related legal aid through grants to legal aid services organizations, administered by the Judicial Council.

Education

May Revise Retracts Dollars for Kindergarten Facilities, and Would Cut Funding for Early Learning without Additional Federal Assistance

State policymakers have taken steps in recent years to expand access to full-day early learning opportunities for young children, including funding additional spaces in the California State Preschool Program and creating grant programs for early learning facilities. The May Revision reaffirms the Governor’s commitment to early learning, but in the absence of additional federal assistance during the COVID-19 health and economic crisis, would make a number of cuts to the California State Preschool Program. These trigger cuts include:

  • $289.4 million for preschool spaces. This would include $159.4 million General Fund for spaces provided by community-based organizations – 10,000 of which were scheduled to begin on April 1, 2020 and 10,000 of which were to be available on April 1, 2021. This trigger cut would also include $130 million for preschool spaces in local education agencies that has not been spent due to a lack of demand.
  • $200.3 million to the California State Preschool Program provider payment rate. State preschool providers contract directly with the state and are reimbursed based on the Standard Reimbursement Rate. The May Revision would make a number of cuts to these providers’ rates, including:
    • A 10% decrease in the Standard Reimbursement Rate ($94.6 million Propositon 98 and $67.3 million General Fund). 
    • A suspension of the 2.31% cost-of-living adjustment ($20.5 million Prop. 98 and $11.6 million General Fund).
    • Elimination of a 1% add-on to the Standard Reimbursement Rate for providers offering full-day state preschool programs ($3.3 million Prop. 98 and $3 million General Fund). 

In addition, the Administration proposes to “sweep” funding provided in the 2018-19 and 2019-20 budget agreements for Kindergarten facilities. Three hundred million of this funding remains unused – out of $400 million total. The May Revision would retract these dollars in order to fund other items in the budget. 

Decline in Revenues Reduces the Minimum Funding Level for Schools and Community Colleges

Approved by voters in 1988, Proposition 98 constitutionally guarantees a minimum level of funding for K-12 schools, community colleges, and the state preschool program. Changes in state General Fund revenues tend to affect the Prop. 98 guarantee, and the May Revision’s estimates of 2019-20 and 2020-21 revenues are significantly lower than estimates made in the January budget proposal. As a result, the May Revision assumes the Prop. 98 guarantee has dropped more than $17 billion below levels estimated in January, even after a $1.8 billion boost to the Prop. 98 guarantee due in part to a proposed suspension of certain tax credits. Specifically, the May Revision estimates the Prop. 98 minimum funding guarantee is $77.4 billion in 2019-20 and $70.5 billion in 2020-21, $4.2 billion and $13.6 billion below the levels assumed in the January budget, respectively. Because the 2019-20 Prop. 98 guarantee is less than the 2018-19 Prop. 98 funding level, the Governor’s revised budget reflects the required withdrawal of the entire $377 million in the Public School System Stabilization Account – the state’s “rainy day fund” for K-12 schools and community colleges. 

To address the massive reduction in the Prop. 98 guarantee, the Governor’s May Revision proposes a new state obligation that would boost Prop. 98 spending above the constitutional minimum funding level beginning in 2021-22 and “in each of the next several fiscal years.” The new funding obligation would designate 1.5% of General Fund revenues each year to provide additional Prop. 98 funding “up to a cumulative total of $13 billion.” Currently, Prop. 98 requires K-12 schools and community colleges to receive a minimum of approximately 38% of General Fund revenues. The May Revision proposal to boost Prop. 98 funding above the minimum guarantee would help increase Prop. 98 spending to 40% of state General Fund revenues by 2023-24.

May Revision Proposes Cuts and Funding Deferrals for K-12 Schools, Allocates Federal Dollars to Help Address Funding Shortfalls

The largest share of Prop. 98 spending goes to California’s school districts, charter schools, and county offices of education (COEs), which provide instruction to approximately 6.2 million students in grades kindergarten through 12. The Governor’s May Revision proposes reducing 2019-20 Prop. 98 spending below the level that was anticipated in January. Moreover, the revised budget proposes 2020-21 Prop. 98 spending that is below the 2019-20 Prop. 98 spending level. To address these funding shortfalls, the Governor’s May Revision cuts K-12 education spending, defers spending for the state’s K-12 education funding formula – the Local Control Funding Formula (LCFF), allocates federal dollars to support K-12 education, redirects funding for pension obligations, and withdraws proposals to increase funding for, and establish new, K-12 education programs that were made in his January budget. Specifically, the Governor’s May Revision:

  • Includes more than $6.7 billion in trigger cuts to K-12 education absent additional funding from the federal government. The Governor’s May Revision proposes a $6.5 billion cut to LCFF funding in 2020-21, which would be reduced if the state receives additional federal assistance to backfill the proposed cut. The LCFF provides school districts, charter schools, and COEs a base grant per student, adjusted to reflect the number of students at various grade levels, as well as additional grants for the costs of educating English learners, students from low-income families, and foster youth. Without additional federal dollars, the May Revision also proposes cuts to several K-12 education programs including:   
    • K-12 Strong Workforce Program – $79.4 million;
    • Career Technical Education Incentive Grant Program – $77.4 million; and
    • Adult Education Block Grant – $66.7 million.
  • Defers $5.3 billion in LCFF payments until 2021-22. The May Revision proposes deferring LCFF payments to school districts: $1.9 billion from 2019-20 to 2021-22 and $3.4 billion from 2020-21 to 2021-22. A payment deferral allows the state to authorize a level of school district spending that the state cannot afford in that year. Deferrals provide the state with one year of savings, which occurs in the initial year of a deferral, without requiring school districts to reduce their spending. If a deferral continues beyond one year, such as the proposal to defer $1.9 billion from 2019-20 to 2021-22, the state does not achieve additional savings, or incur additional costs, in subsequent years that payments are deferred. This is because in any year, the added cost of paying for the deferral from the prior year is offset by the savings from deferring the same amount into the next year.
  • Allocates $4.5 billion in federal funding to support K-12 education. Recent federal actions have provided funding to support state and local government responses to the COVID-19 pandemic. The May Revision proposes allocating $4 billion from the Coronavirus Relief Fund and $355 million from the Governor’s Emergency Education Relief Fund to school districts to address learning loss related to COVID-19 school closures. The May Revision specifies that these funds can be used for several purposes, including extending the instructional school year, providing additional academic services for students, and addressing barriers to learning such as by providing mental health services and professional development to help teachers and parents support distance-learning for students. The May Revision also proposes to allocate the state’s share of the Elementary and Secondary Emergency Relief funds ($164.7 million) to support a variety of activities intended to mitigate the impact of the COVID-19 pandemic.
  • Reallocates $2.3 billion in non-Prop. 98 payments to provide K-12 school and community college districts fiscal relief. The May Revision proposes to redirect payments that were intended to reduce CalSTRS’ and CalPERS’ long-term unfunded liabilities and instead to use the funding to reduce employer contribution rates toward CalSTRS and CalPERS in 2020-21 and 2021-22.
  • Withdraws almost $2 billion in spending proposals that the Governor made in his January budget. For example, the Governor has withdrawn:
    • $900.1 million in one-time funding for educator recruitment, preparation, and training programs;
    • $300.3 million in one-time funding that would have established “opportunity grants” to assist the state’s lowest-performing schools and school districts;
    • $300 million in one-time funding that would have established community school grants;
    • More than $120 million to fund a cost-of-living adjustment in 2020-21 for several categorical programs that remain outside of the LCFF, including special education, child nutrition, and American Indian Education Centers; and  
    • $70 million for school nutrition programs.
  • Maintains special education funding proposed in January. The Governor’s January budget proposed increasing special education funding as part of a multi-phase, multi-year process that included a new special education base rate funding formula that would continue to be allocated to Special Education Local Plan Areas (SELPAs). 

Funding Significantly Adjusted for the California Community Colleges

A portion of Proposition 98 funding supports California’s community colleges (CCCs), which help prepare over 2 million students to transfer to four-year institutions as well as obtain training and employment skills. 

The Administration intends to pursue various statutory changes to help the CCCs address COVID-19 related impacts, including: 

  • Allowing the CCCs to use non-lottery restricted fund balances. To access these funds, the CCCs would be required to protect funding for programs and services that serve underrepresented students and to increase the number of students served through online courses and programs. 
  • Exempting direct expenses related to COVID-19 from the 50 Percent Law, under which districts must spend at least half of their unrestricted funds on salaries and benefits for instructional faculty. This exemption does not include reduced revenue.

In the May Revision, the Governor also makes several adjustments to his January proposal. These adjustments include: 

  • Increasing Prop. 98 General Fund support by $130.1 million to offset declining property tax revenues.
  • Cutting support for students’ non-tuition cost-of-attendance expenses. The January proposal provided $11.4 million Prop. 98 General Fund to establish and support food pantries at community colleges and $10 million one-time funding to develop and implement the Zero-Textbook-Cost Degree Program, which would have eliminated the cost of textbooks for certain degrees and certificate programs. The May Revision proposes statutory changes to support food pantries with available Student Equity and Achievement Program funding. The Administration proposes eliminating the Zero-Textbook-Cost Degree program entirely.
  • Reducing support for undocumented and immigrant students by $5.8 million Prop. 98 General Fund. The Governor had proposed these funds for Dreamer Resource Liaisons and other student support services for immigrant students. The Administration now proposes statutory changes to provide these services with available Student Equity and Achievement Program funding. The revised spending plan maintains the January proposal for $10 million to support legal services for undocumented students, faculty, and staff on community college campuses. 
  • Deferring a total of $662 million Prop. 98 General Fund spending. $330 million would be deferred from 2019-20 to 2020-21 and $332 million would be deferred from 2020-21 to 2021-22.

Absent additional federal funding, the Administration also proposes a total of $1.1 billion Prop. 98 General Fund in trigger cuts to the CCCs in 2020-21. For example, some of these cuts include:

  • $167.7 million ongoing for cost-of-living adjustments.
  • $83.2 million, including $40.4 million in one-time funding to support apprenticeship programs, the California Apprenticeship Initiative, and to expand access to work-based learning programs.
  • $68.8 million for the Student Equity and Achievement Program. The remaining funds for this program will now also support the community college food pantries and Dreamer Resource Liaisons for undocumented students, as mentioned above.
  • 31.9 million intended for enrollment growth even as the Administration anticipates an increase in enrollment due to the economic downturn.

The May Revision Significantly Adjusts Funding for CSU and UC

California supports two public four-year higher education institutions: the California State University (CSU) and the University of California (UC). The CSU provides “undergraduate and graduate education to roughly 481,000 students on 23 campuses, and the UC provides undergraduate, graduate, and professional education to about 285,000 students on 10 campuses.

The Administration intends to pursue statutory changes to allow both the CSU and the UC to use non-lottery restricted fund balances to address COVID-19 related impacts. To access these funds, the CSU would be required – and the UC encouraged—to prioritize underrepresented students and to increase the number of students served through online courses and programs. 

At the CSU, the revised spending plan withdraws the following from the January proposal:

  • $199 million ongoing General Fund. These funds would have supported operational costs, enrollment growth, and the Graduation Initiative, which seeks to improve graduation rates and eliminate opportunity and achievement gaps.
  • $6 million one-time General Fund. These funds would have been directed toward the development and expansion of degree and certificate completion programs to support those with some college but no degree.

The Administration also proposes a total of $404 million General Fund in trigger cuts to the CSU in 2020-21, unless the federal government provides additional funding. To this end, the May Revision:

  • Cuts support for the CSU by 10%. This cut represents a reduction of $398 million ongoing General Fund.
  • Decreases financial aid for the summer term by $6 million General Fund. These funds would have provided summer-term financial aid to low-income students, including undocumented students through June 2023.

At the UC, the Governor makes several adjustments from his January proposal, including: 

  • Providing $11.3 million ongoing General Fund for operational support at UC Riverside Medical School. The Governor had previously proposed providing $25 million ongoing for both operational support and enrollment growth.
  • Providing $1.2 million ongoing General Fund to support the UC San Francisco School of Medicine Fresno Branch Campus in partnership with UC Merced. These funds represent a reduction from the Governor’s earlier proposal of $15 million for an expansion.
  • Eliminating various proposals, including: 
    • $169.2 million ongoing General Fund for undergraduate enrollment growth, operational costs, and student support services.
    • $4 million one-time General Fund to support degree and certificate completion programs. 

Absent additional federal funding, the Administration also proposes a total of $376.4 million General Fund in trigger cuts to the UC in 2020-21. To this end, the May Revision:

  • Cuts support for the UC and other UC entities by 10%. This cut represents a reduction of $372.4 million ongoing General Fund. 
  • Decreases financial aid for the summer term by $4 million General Fund. These funds would have provided summer-term financial aid to low-income students, including undocumented students through June 2023.

Cuts to Golden State Teacher Grant Program and Student Debt Loan Workgroup and Outreach Proposed

Cal Grants are the foundation of California’s financial aid program for low- and middle-income students pursuing higher education in the state. Cal Grants provide aid for tuition and living expenses that do not have to be paid back. The Administration estimates an increase in Cal Grant Program costs of nearly $12 million in 2019-20 and a decrease of about $350,000 in 2020-21 due to revised participation estimates. The May Revision includes an increase of nearly $600 million General Fund in 2020-21 for Cal Grants. This covers a similar decrease of $600 million in federal TANF dollars, now shifted to the state’s CalWORKs program, which provides cash assistance for low-income children while helping parents overcome barriers to employment and find jobs. This is a technical shift that has no programmatic effect on Cal Grants.

The May Revision makes significant adjustments to the 2019-20 budget agreement and the Governor’s January proposals, including:

  • Withdrawing $88.4 million General Fund for the Golden State Teacher Grant Program, which is nearly all of the one-time total allocated in the 2019-20 budget agreement ($89.8 million). The program was designed to provide funding for up to 4,487 grants of $20,000 for teachers committed to teaching for four years in “high-need” subjects, including bilingual education, STEM, and special education, in schools that have a high percentage of teachers with “emergency-type permits.” However, the May Revision proposes allocating $15 million one-time federal Special Education funds available to maintain grants to special education teachers only. 
  • Withdrawing $15 million one-time General Fund to support the Child Savings Accounts Grant Program out of $25 million provided to the California Student Aid Commission (CSAC) in the 2019-20 budget agreement. The CSAC funding is intended to implement and administer the Child Savings Account Grant Program.
  • Reducing the maximum Cal Grant award for students at private nonprofit institutions from $9,084 to $8,056. In order for students attending private nonprofit institutions to receive the maximum Cal Grant tuition award of $9,084, the institutions must meet certain goals determined by the state. Since the levels determined by the state were not met, the May Revision reflects a decrease of $8.9 million General Fund.
  • Cutting support for the Student Debt Loan Workgroup and Outreach by $4.5 million General Fund. The funds were meant to support the student loan working group and create grants to public colleges to notify students of available loan repayment options. The revised proposal no longer includes grants to higher education institutions, but maintains funding to support the working group.
  • Eliminating $1.8 million General Fund proposal to support newly leased space for the California Student Aid Commission’s headquarters.

Corrections & Justice 

Governor Proposes to Close Two State-Operated Prisons in the Next Three Years

Roughly 117,100 adults who have been convicted of a felony offense are serving their sentences at the state level, down from a peak of around 173,600 in 2007. More than 7 in 10 adults incarcerated at the state level are Black or Latinx – a racial disparity that reflects implicit bias within the criminal justice system, structural disadvantages faced by these communities, and other factors. While California has recently taken steps to slow the spread of COVID-19 in state prisons, these facilities remain severely overcrowded, operating at 128% of their capacity. However, the prison population is expected to continue declining in the coming years, creating opportunities for state policymakers to close correctional facilities. The May Revision:

  • Proposes to begin closing two state-operated prisons in the next three years. One facility would be closed beginning in 2021-22; the second, beginning in 2022-23. “These closures will be achieved through various actions that will further reduce the prison population through rehabilitation,” according to budget documents. These prison closures are projected to result in state savings of $100 million in 2021-22, $300 million in 2022-23, and $400 million ongoing.
  • Reflects the Administration’s plan to close all state-level correctional facilities for men that operate under contracts with the state. The last remaining private state-level contract facility is expected to be closed in 2020. The three remaining public state-level contract facilities are expected to be closed by July 2022. 
  • Proposes to cap state supervision for most parolees at 24 months. Some parolees would be able to “establish earned discharge” at 12 or 18 months. This proposal would generate General Fund savings of about $23 million in 2020-21, rising to $76 million in 2023-24.

May Revision Withdraws Local Correctional System Reforms, Maintains Fines and Fees Assistance for Californians with Low Incomes

California’s 58 counties play a key role in the state’s local correctional system – housing roughly 72,000 adults in county jails on a given day and supervising individuals on probation. The state’s correctional system underwent a series of reforms beginning with the state-to-county “realignment” that took effect in 2011, following a US Supreme Court order that required the state to reduce its prison population. Under realignment, counties are now responsible for managing certain adults who had traditionally been housed in state prisons and supervised by state parole officers upon their release. Additionally, California’s 58 trial courts supplement the local correctional system, and comprise the state’s judicial branch ruling on both civil and criminal cases. Both are integral to the state’s legal system. 

While COVID-19 has created significant fiscal impacts for the state budget, the May Revision does preserve initial funding allocated in January for select services. The Administration specifically:

  • Maintains the online ability to pay pilot program administered through select county courts statewide, allocating $11.5 million General Fund in 2020-21.  This tool allows Californians with qualifying incomes to reduce their penalties by 50% or more and make payments over time for certain traffic fines and fees. 
  • Increases the fine and fee revenues backlog funding to $238.5 million one-time General Fund in 2020-21, in projection of lower revenues in 2019-20 and 2020-21.

Yet, key reforms in the Governor’s January proposal regarding local corrections and the judicial system were suspended. For instance, the May Revision:

  • Withdraws funding increases for adult probation services for individuals with misdemeanor convictions. These additional services were aimed to further diminish recidivism rates and promote public safety. This reduces proposed General Fund spending by $60 million annually for three years and $30 million General Fund in 2023-24.
  • Cancels additional funding for the California Community Corrections Performance Incentives Act of 2009. Under this law, also known as Senate Bill 678 (Leno, Chapter 608 of 2009), counties have financial incentives to reduce the number of individuals on felony probation who are sent to state prison. This results in a reduction of $11 million ongoing General Fund, but maintains the existing baseline funding of $112.7 million General Fund in 2020-21.
  • Removes reforms to limit felony and misdemeanor probation terms to two years and the allowance of earned discharge for individuals on probation. Currently, formal probation supervision normally lasts three to five years depending on the crime committed and the county in which individuals are convicted.
  • Reduces funding to support trial court operations.  This is expected to reduce ongoing General Fund spending by $107.6 million.

The Administration also proposes trigger cuts unless federal funding can be secured to allow for a balanced state budget. The Governor recommends to:

  • Cut Trial Court funding to reduce General Fund spending by $178.1 million in 2020-21 and ongoing, with an additional 5% operational expenses decrease of $28.1 million General Fund in 2021-22.
  • Eliminate the Adult Reentry Grant to reduce General Fund spending by $37 million. This grant is competitively awarded to community-based organizations to assist adults formerly incarcerated in a state prison.
  • Reduces state level judiciary funding to reduce General Fund spending by $23.3 million in 2020-21 and ongoing, with an additional 5% operational expense decrease of $10.6 million in 2021-22.
  • Revert funding for other various Judicial Branch Programs to reduce General Fund spending by $15.2 million. 
  • Decrease funding for the Department of Justice by $14 million ($4.3 General Fund).
  • Reduce funding for legal representation provided by the Office of the State Public Defender by $2.1 million in ongoing funding. The January proposal allocated $4 million General Fund in 2020-21 and $3.5 million annually ongoing.

Governor Proposes to End State Supervision of Justice-Involved Youth Beginning in 2021 and Realign Responsibility for These Youth to Counties

Counties are responsible for almost all justice-involved youth, but around 800 are housed at the state level. The Division of Juvenile Justice (DJJ) within the California Department of Corrections and Rehabilitation oversees these youth. The budget package for the current fiscal year (2019-20) abolished the DJJ and shifted responsibility for these roughly 800 youth to a new state-level department under the Health and Human Services Agency, effective July 1, 2020.

The May Revision proposes to change direction and transfer responsibility for these youth from the state to the counties. This plan would “enable youth to remain in their communities and stay close to their families to support rehabilitation,” according to budget documents. Under this proposal, the state would stop receiving justice-involved youth in January 2021 and begin closing state-level facilities as the current population gradually declines through attrition. The state would direct a portion of the savings to counties to fund their new responsibilities, and would provide additional funding for youth who have sex behavior or mental health treatment needs. These additional funds $2.4 million in 2020-21 rising to $9.6 million ongoing would be awarded to county probation departments through a competitive grant process through the Board of State and Community Corrections.

Emergency & Environmental Response 

May Revision Maintains Some Proposed Investments to Help the State Prepare for and Respond to Emergencies and Address Climate Change

The revised budget proposal recognizes that, while significant resources are needed to respond to the current COVID-19 crisis, Californians are still vulnerable to other types of disasters such as wildfires and earthquakes and the effects of climate change. Accordingly, the Administration continues to prioritize improving the state’s ability to prepare for and respond to such disasters and maintains some of the investments proposed in the January budget. These investments include but are not limited to:

  • $90 million General Fund ($142.7 million ongoing) to enhance the ability of the Department of Forestry and Fire Protection (CAL FIRE) to fight wildfires, primarily by providing for new permanent firefighting positions. This is down from the $120 million General Fund ($150 million ongoing) proposed in January.
  • $50 million one-time General Fund to support matching grants to local governments to ensure the continued operation of critical services like schools, food storage reserves, and county election offices during power shutdowns.
  • $38.2 million one-time General Fund for a California Disaster Assistance Act funding augmentation to reimburse local governments for costs of emergency activities incurred during a state of emergency or to repair or replace public property destroyed in a disaster. This reflects an increase from the $16.7 million proposed in January.
  • $9.4 million ($9.2 million General Fund) to expand the capacity of the Office of Emergency Services to prepare for and respond to disasters.

Additionally, the May Revision maintains the January budget’s proposed $965 million Cap and Trade spending plan, but proposes a pay-as-you-go mechanism to authorize expenditures based on actual proceeds of Cap and Trade auction in recognition of the uncertainty of future proceeds given current economic conditions. The proposal would prioritize funding for air quality in communities that have been historically underserved, forest health and fire prevention, and safe and affordable drinking water.

The May Revision withdraws the $250 million General Fund proposed in January to create a Climate Catalyst fund to provide loans for climate-related projects as well as the $26.8 General Fund proposed for a “home hardening pilot program” to provide assistance to make homes more wildfire-resistant. 

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Introduction

California is facing significant costs related to the immediate public health response to the COVID-19 crisis. In addition, the state will likely spend more on services such as health care and cash assistance for Californians whose incomes have fallen sharply in the wake of the statewide stay-at-home order. At the same time, the state’s primary revenue sources – income taxes and sales taxes – will be lower than anticipated due to increased unemployment, stock market declines, and reduced consumer purchases. These factors – higher spending and lower revenues – have put the state on the cusp of a substantial budget shortfall.

California is in a much better position to address a budget gap compared to previous recessions because state policymakers prudently set aside billions of dollars for a rainy day. These reserve funds will help to soften the impact of the COVID-19 crisis on the state budget. However, these funds – which total nearly $18 billion as of April 2020 – may be used up quickly depending on the severity and duration of the recession and the extent to which the state receives federal fiscal relief. This Issue Brief describes California’s state budget reserves and explains how the funds can be accessed and used to help support key public systems and services during the uncertain economic times that lie ahead.

Plus, a print-friendly table:

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It’s been several weeks since Governor Gavin Newsom released his proposed 2020-21 budget, and now Senate and Assembly budget subcommittees start their work on the state’s upcoming fiscal plan, including holding public hearings and reviewing proposals to determine how money will be spent on programs and Californians.

This guide outlines the Governor’s proposed 2020-21 budget, including revenue forecasts, funding proposals, and key reforms. The Budget Center’s analysis also points to opportunities for additional investments to improve the lives of Californians still struggling to make ends meet. Plus, learn about tax expenditures – spending that happens outside of the budget that could provide additional revenue for policymakers to share the state’s prosperity if better targeted. Finally, our new publication highlights what happens next in the state budget process.

Table of Contents

The Governor’s Proposed 2020-21 Budget: Top Lines     4

The Big Picture: Revenues, Spending, and Reserves     6

Key Elements of the Governor’s Proposed Budget     11

Critical State Investments Left Out of the Governor’s Proposed Budget     47

Spending Outside of the Budget: Tax Expenditures     55

What Happens Next?     58

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Executive Summary

On January 10, Governor Gavin Newsom released his proposed 2020-21 budget that advances a series of commitments to some of the most pressing needs facing Californians: addressing homelessness and behavioral health, providing access to affordable health coverage, and improving paid family leave so that more workers can care for their family members.

The Governor forecasts revenues that are $5.8 billion higher (over a three-year “budget window” from 2018-19 to 2020-21) than previously projected in the 2019-20 budget enacted in June, driven largely by continued economic growth.

The Governor’s proposal includes significant new funding to support access to housing and services to address homelessness, proposes to improve care for individuals who are homeless and/or individuals with substance use disorders through transforming how Medi-Cal services are delivered, and seeks to reform the Mental Health Services Act.

The proposal also builds upon expansions that were made in the 2019-20 budget that support Californians with low and middle incomes, particularly people of color, who are struggling to make ends meet and access greater economic opportunity, including: working toward universal preschool, expanding health care to move closer to universal coverage, boosting CalWORKs grants, and increasing investment in state higher education systems. The state’s ongoing economic and fiscal health also means a significant increase in funding for K-12 education and community colleges.

Recognizing the reality that the state will eventually confront an economic downturn, the budget proposal calls for continuing to build up reserves and pay down debts in order to improve the state’s fiscal resiliency.

Due to prudent planning and continued economic growth, state leaders have the opportunity to make additional investments to help the many Californians who are struggling to live and work in our communities and who are blocked from expanding income and wealth as a result of existing conditions and state policies. For example, the Governor’s proposal does not ensure that all working immigrant families have access to the recently expanded California Earned Income Tax Credit (CalEITC).

The following sections summarize key provisions of the Governor’s proposed 2020-21 budget.

Download full report (PDF) or use the links below to browse individual sections of this report:

Budget Overview

Homelessness and Housing

Health 

Economic Security

Immigration 

Education

Criminal Justice

Other Priorities in the Proposed Budget

Download the full report PDF.


Budget Overview

Governor Expects Pace of Economic Growth to Slow and Claims Risks to the Forecast Are Rising

The Administration’s economic outlook expects that the nation’s record-long economic expansion will continue through the forecast period, from 2020 to 2023, but projects that the pace of growth will slow both nationally and in California. The Administration rightly notes that “the state’s strong economy has not lifted all Californians,” that “economic inequality persists between regions of the state and for many living within the state’s more prosperous regions,” and that “wage and job growth have been uneven across the state and too many struggle to make ends meet.” The outlook projects that California will continue to add jobs over the next few years, but at a slower pace. Additionally, the outlook projects that the tight labor market will boost wages and assumes that the wages of lower-wage workers will outpace inflation.

Although the Governor’s economic outlook does not expect a recession in the forecast period, it notes that “continued growth is uncertain” due to a number of risks, many of which are outside of state policymakers’ control. These include trade disputes, a stock market correction, and a global economic slowdown. The outlook also points out that beyond these immediate risks, California faces several longer-term risks to economic growth, including the economic impact of the state’s housing shortage and the aging of the population.

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Spending Plan Reflects Improved Revenue Forecast

The Governor’s proposed budget assumes that revenues will continue to grow throughout the forecast period. For the budget year (fiscal year 2020-21), General Fund revenue is projected to total $153.4 billion before transfers, such as deposits to the state’s rainy day fund. The Administration projects that General Fund revenue (before transfers) over the three-year “budget window” – covering fiscal years 2018-19 through 2020-21 – will be $5.8 billion higher than projected in the 2019 Budget Act. This improved outlook largely reflects stronger-than-expected corporate tax receipts. Additionally, $1.8 billion of the increase is due to expected federal reimbursements of costs related to the 2017 and 2018 California wildfires.

The personal income tax (PIT), sales and use tax (SUT), and corporation tax (CT) are the three primary sources of General Fund revenue. Compared to the figures projected in the 2019-20 enacted budget, the Governor’s proposed budget forecasts that PIT revenue will be $1.5 billion lower over the three-year budget window. The budget proposal reflects higher-than-expected wages as well as higher capital gain realizations due to a strong stock market. However, the Administration notes that the PIT revenue forecast has been revised down, partly due to an assumption that many pass-through businesses (such as limited liability companies and S corporations), which are taxed under the personal income tax system, have been converting and will continue to convert into C corporations, which are taxed under the corporation tax system. This assumption is due to stronger-than-expected CT revenue growth and changes in federal tax law that may encourage more businesses to become C corporations. As a result, CT revenue is expected to be nearly $5 billion higher over the budget window, more than offsetting the downgraded PIT forecast. However, the Legislative Analyst’s Office notes that there is limited evidence for the Administration’s assumption, and if other factors are responsible for the observed strength in corporate tax collections, CT revenue could be weaker than assumed in 2020-21. The forecast for SUT revenue is very similar to the 2019 Budget Act projections, with revenue over the budget window expected to be just $129 million higher. The Administration notes that while consumer spending is expected to be higher than previously projected, the increase is mostly offset with lower projections for private investment.

The Governor’s proposal also contains three tax policy changes:

  • A first-year exemption from the $800 minimum tax for businesses that are organized as limited liability companies, limited partnerships, and limited liability partnerships. This is expected to cost $100 million annually, though the exemption would have to be authorized in the budget each year.
  • A new “vaping tax” of $2 per 40 milligrams of nicotine, to go into effect January 1, 2021. The tax is projected to raise $32 million in 2020-21. The revenue from the tax is proposed to be deposited into a new special fund earmarked for administering the tax ($9.9 million), enforcement, youth prevention, and health care workforce programs.
  • An extension of the sales and use tax exemption for diapers and menstrual hygiene products. The 2019-20 budget agreement enacted this exemption, which is currently set to expire on January 1, 2022. The Governor proposes to extend the exemption through the end of the 2022-23 fiscal year.

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Governor’s Budget Proposal Continues to Build Reserves to Bolster State’s Fiscal Resilience

California voters approved Proposition 2 in November 2014, amending the California Constitution to revise the rules for the state’s Budget Stabilization Account (BSA), commonly referred to as the rainy day fund. Prop. 2 requires an annual set-aside equal to 1.5% of estimated General Fund revenues. An additional set-aside is required when capital gains revenues in a given year exceed 8% of General Fund tax revenues. For 15 years ̶ from 2015-16 to 2029-30 ̶ half of these funds must be deposited into the rainy day fund and the other half is to be used to reduce certain state liabilities (also known as “budgetary debt”). Prop. 2 also established a new state budget reserve for K-12 schools and community colleges called the Public School System Stabilization Account (PSSSA). The PSSSA requires that, when certain conditions are met, the state deposit a portion of General Fund revenues into the new reserve as part of California’s Prop. 98 funding guarantee. (See “Increased Revenues Boost the Minimum Funding Level for Schools and Community Colleges.”)

The Governor’s proposed budget includes a transfer of $2 billion to the BSA for 2020-21, bringing the reserve’s balance to $18 billion by the end of the fiscal year. Prop. 2 requires that when the BSA balance has reached its constitutional maximum of 10% of General Fund tax revenues, any additional dollars that would otherwise go into the BSA must be spent on infrastructure, including spending on deferred maintenance. However, while the BSA has exceeded this maximum, the Governor’s budget continues to assume that constitutionally required deposits will be made since the account’s maximum balance was achieved in part through supplemental payments in prior years.

The BSA is not California’s only reserve fund.

  • The proposed budget includes $487 million in the PSSSA for K-12 schools.
  • Each year, the state deposits additional funds into a “Special Fund for Economic Uncertainties” (SFEU). The Governor’s proposed budget assumes an SFEU balance of $1.6 billion.
  • Additionally, the 2018-19 budget agreement created the Safety Net Reserve Fund, which holds funds that can be used to maintain benefits and services for CalWORKs and Medi-Cal participants in the event of an economic downturn. The Governor’s proposal maintains that account at $900 million, its 2019-20 level.

Taking into account the BSA, SFEU, Safety Net Reserve, and PSSSA reserve for K-12 education, the Governor’s proposal would build state reserves to a total of $21 billion in 2020-21.

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Spending Plan Continues to Pay Down Unfunded Liabilities

The Governor’s budget proposal includes required contributions to two state-run retirement systems: the California Public Employees’ Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS). CalPERS and CalSTRS, like many retirement systems, are not funded at levels that will keep up with future benefits guaranteed to workers, resulting in the state needing to make higher annual contributions in order to pay down unfunded liabilities. In recent budget agreements, state leaders have also agreed to make supplemental payments to the two systems in order to help pay down those unfunded liabilities.

The Governor’s proposed budget includes the required contributions to CalPERS ($4 billion General Fund) and CalSTRS ($3.6 billion General Fund). The enacted 2019-20 budget included a $3 billion supplemental payment to CalPERS to be paid over the fiscal years 2018-19 to 2022-23 and a $2.9 billion supplemental payment to CalSTRS to be paid over the fiscal years 2019-20 to 2022-23. The Governor’s proposed 2020-21 budget reflects those prior commitments.

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Homelessness and Housing 

Governor Proposes Significant New Spending to Address Homelessness

California has more than 25% of the nation’s population of homeless individuals, with an estimated 151,278 homeless residents as of January 2019. More than two-thirds of California’s homeless residents are unsheltered, sleeping in locations such as in a vehicle, in a park, or on the street. The state’s homelessness challenges are cited as a serious concern by California residents and have attracted national attention. The Administration highlights homelessness as a key challenge facing California and a major focus for new spending in the proposed budget, with a particular focus on addressing “street-based homelessness” and expanding access to behavioral health and other supportive services.

As a key strategy to address homelessness, the Governor proposes spending $750 million one-time General Fund to create a new California Access to Housing and Services Fund, administered by the Department of Social Services and distributed through “performance-based contracts” between the state and “regional administrators.” Funds would be used to provide short-term and long-term rental subsidies, support development of new affordable housing units (particularly on state-owned land made available for housing development), and stabilize board and care facilities through capital and operating support. The Fund would also “be used to engage with landlords to secure units and negotiate individual client leases” and to provide tenancy support services and case management for individuals receiving rent subsidies. The Administration asks the Legislature to expedite the establishment of the Fund in order to issue funding this summer.

Other significant proposals included in the budget aim to address the needs of homeless individuals through the state’s health and behavioral health systems. These include:

  • Transforming Medi-Cal in ways that improve care for individuals experiencing homelessness and/or substance use disorders, as part of the broader Medi-Cal Healthier California for All proposal (formerly known as CalAIM). Changes are designed to enable the Medi-Cal system to better connect individuals to services they need, including housing services. (See”Proposed Budget Highlights Ambitious Effort to Improve Health Outcomes by Transforming Medi-Cal.”)
  • Working to reform the Mental Health Services Act (Prop. 63), including enhancing the focus on individuals with mental illness who are also experiencing homelessness. (See “Administration Aims to Improve the State’s Behavioral Health System.”)
  • Allocating $24.6 million in 2020-21 and $364.2 million over six years to the Department of State Hospitals to implement a Community Care Collaborative Pilot Program, a six-year program to be piloted in three counties. The goal of this program is to place individuals with mental health needs who are designated incompetent to stand trial into stable community placements instead of state hospitals or other institutions. This program will “target the development of community-based treatment options for individuals who are experiencing mental illness and are homeless.”

These proposals build on an executive order on homelessness issued by the Governor in early January 2020, a “100-Day Challenge” the Governor issued to local governments in December 2019, and funding and administrative actions addressing homelessness included in the 2019-20 budget.

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Governor Proposes No Significant New Funding to Support Housing Production, But Legal Assistance Funds Will Increase Due to a Court Judgment

More than half of California renter households pay more than 30% of their income toward rent, making them housing cost-burdened, and high housing costs are a key driver of California’s high poverty rate. After significant new state investments in housing planning and development in the 2019-20 budget, including a $500 million ongoing expansion of the state Low Income Housing Tax Credit (LIHTC) program, the Governor proposes no major new state funding specifically for housing production or affordability in the 2020-21 budget, other than funds included in the Administration’s proposal to address homelessness (see previous section) and a modest $10 million annually over the next three years “to support the state’s efforts to increase housing production.” The Administration highlights last year’s investments and the fact that the state has secured $4.5 billion in private funding, including loans, from major technology companies to finance affordable housing projects. A share of the proceeds from cap and trade auctions must be directed to the Affordable Housing and Sustainable Communities program to fund land-use, housing, transportation, and land preservation projects to support infill and compact development, totaling $468 million in the budget proposal.

Additional funding for housing-related legal assistance and foreclosure prevention comes from a court decision last year (National Asian American Coalition v. Newsom) that found that the state previously (under Governor Brown) improperly diverted to the General Fund $331 million intended for a special fund to assist California homeowners affected by the mortgage crisis. As a result, these funds have now been deposited in the National Mortgage Special Deposit Fund, and the Administration proposes managing the funds in a trust to support ongoing legal assistance related to housing issues for California renters and homeowners as well as borrower relief to prevent foreclosures.

In terms of administrative actions, the Governor continues to propose revamping the Regional Housing Needs Allocation (RHNA) process, including implementing more ambitious housing production goals, by 2023. The Governor also outlines plans for “exploring… the creation of an agency exclusively focused on housing and homelessness” and working with the Legislature on “additional actions to expedite housing production, including changes to local zoning and permitting processes.”

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Health

Administration Aims to Improve the State’s Behavioral Health System

Behavioral health services are primarily provided by California’s 58 counties, with funding support from the state and federal governments. Californians with behavioral health conditions – mental health conditions and/or substance use disorders – confront many challenges in accessing services that are delivered by multiple complex systems. This is particularly true for Californians who are experiencing both homelessness and behavioral health conditions.

In order to address these challenges, the proposed 2020-21 budget includes a number of initiatives that aim to improve integration of behavioral health treatment with physical health care. Specifically, the Administration proposes to:

  • Establish the Behavioral Health Task Force to improve the quality of care and coordinate system transformation efforts under the new Medi-Cal Healthier California for All initiative, which is discussed in the next section.
  • Direct the Health and Human Services Agency and the Department of Managed Health Care to update and strengthen behavioral health parity laws, which require that health plans apply similar rules to mental health and substance use disorder benefits as they do for physical health benefits. These efforts will focus on timely access to treatment, network adequacy, and more.
  • Develop a proposal to update the Mental Health Services Act (Proposition 63 of 2004), which created a 1% surtax on personal income above $1 million to provide increased funding for mental health services. One of the proposed changes to the MHSA is to identify priority populations, including Californians experiencing homelessness, children and youth at risk, and justice-involved adults. The Administration plans to submit this proposal later this spring.

In other efforts to improve behavioral health outcomes, the budget also includes:

  • $24.6 million in 2020-21 and $364.2 million over six years to the Department of State Hospitals to implement a Community Care Collaborative Pilot Program, a six-year program to be piloted in three counties. The goal of this program is to place individuals with mental health needs who are designated incompetent to stand trial into stable community placements instead of state hospitals or other institutions.
  • $10 million one-time General Fund for the development of an adverse childhood experiences (ACEs) cross-sector training program, as well as a statewide public awareness campaign on ACEs. This funding allocation builds on the Surgeon General’s goal of reducing ACEs and toxic stress for children.
  • $4.6 million ($2.6 million General Fund) to provide training on person-centered, trauma-informed support services for individuals with both developmental disabilities and mental health conditions.
  • $2.3 million ongoing General Fund to improve behavioral health services at veterans homes by standardizing mental health support staffing.

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Proposed Budget Highlights Ambitious Effort to Improve Health Outcomes by Transforming Medi-Cal

The Administration is leading an ambitious reform effort known as Medi-Cal Healthier California for All. (Medi-Cal is a joint federal-state program that provides health care services to nearly 13 million Californians with low incomes.) Building on previous pilot programs, this initiative aims to coordinate physical health, behavioral health, and social services in a patient-centered manner. It also aims to reduce complexity across all delivery systems and to implement value-based initiatives and payment reform. The main goal of these proposed changes is to improve care for Californians experiencing homelessness, children with complex medical conditions, Californians involved with the justice system, and older adults. As such, this initiative positions the state to take a population health, person-centered approach to providing health-related services, and potentially reduces health care costs.

The Administration assumes that implementation of these various reforms would begin on January 1, 2021, and that the following funding would be available during the initial fiscal year (2020-21):

  • $695 million ($348 million General Fund) to 1) provide enhanced care management – a collaborative approach to providing intensive and comprehensive services to individuals; 2) support “in lieu of” services, which include housing transition services, recuperative care, and respite; 3) fund infrastructure needed to expand “whole person care” programs statewide; and 4) build upon existing dental initiatives, such as the Dental Transformation Initiative, which aims to expand preventive dental services for children.
  • $45.1 million General Fund to implement a Behavioral Health Quality Improvement Program. This funding will support counties in transforming their behavioral health systems as part of the Medi-Cal Healthier California for All initiative. Proposed changes include improving care coordination and establishing structures that support a value-based payment model, such as data collection, performance measurement, and reporting.

The proposed reforms – and the level of federal funding that will be provided – must be negotiated with the federal government through the Medicaid waiver process. The Administration’s goal is to transition all existing Medi-Cal managed care authorities into one consolidated 1915(b) managed care waiver. The Department of Health Care Services began a stakeholder engagement process last year and will continue to seek input over the coming months.

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Governor Proposes to Expand Medi-Cal to Undocumented Seniors, Tackle Rising Health Care and Prescription Drug Costs

Building on the federal Affordable Care Act (ACA), California has substantially expanded access to health coverage in recent years. For example, nearly 13 million Californians with modest incomes – half of whom are Latinx – receive free or low-cost health care through Medi-Cal (California’s Medicaid program), several million more than before the ACA took effect. Another 1.2 million Californians with incomes up to 400% of the federal poverty line – $49,960 for an individual – receive federal premium subsidies to reduce the cost of coverage purchased through Covered California, our state’s health insurance marketplace. In addition, California recently created state premium assistance subsidies to help further reduce the cost of health insurance purchased through Covered California. Most of these new subsidies benefit people with incomes between 400% and 600% of the poverty line ($49,960 to $74,940 for an individual). Despite these gains, around 3 million Californians remain uninsured, health care costs continue to rise, and many people continue to face both high monthly premiums and excessive out-of-pocket costs – such as copays and deductibles – when they use health care services.

The Governor’s health policy agenda for 2020-21 aims to further reduce the number of uninsured Californians as well as tackle health care cost growth. The proposed budget:

  • Expands eligibility for comprehensive Medi-Cal coverage to seniors regardless of immigration status. Federal policy prohibits states from using federal dollars to provide comprehensive (“full scope”) health coverage to undocumented immigrants through the Medicaid program. States, however, may use their own funds to provide such coverage. In recent years, California has used this option to extend full-scope Medi-Cal coverage to undocumented immigrants under age 26 who otherwise qualify for the program. The Governor proposes to expand this state policy to include undocumented adults age 65 or older, no sooner than January 1, 2021. The Administration estimates that 27,000 undocumented seniors would enroll in full-scope Medi-Cal in the first year. This expansion would initially cost $80.5 million ($64.2 million General Fund), rising to an estimated $350 million ($320 million General Fund) in 2022-23. The Governor’s proposal would continue to leave undocumented immigrants ages 26 to 64 without access to comprehensive Medi-Cal coverage.
  • Proposes to create an “Office of Health Care Affordability.” This new office would have several functions, including boosting price transparency, developing “cost targets” for various sectors of the health care industry, establishing financial penalties “for entities that fail to meet these targets,” and addressing hospital cost trends, particularly “cost increases driven by delivery system consolidation.” A formal plan is expected to be released in the spring of 2020.
  • Includes proposals aimed at reducing prescription drug costs. These include a plan to establish a single market for drug pricing in California that would allow all purchasers, such as Medi-Cal and private insurers, to “combine their purchasing power.” Another proposal would involve establishing California’s own generic drug label, which the Administration argues would “increase competition in the generic market, resulting in lower generic drug prices for all purchasers.” Formal plans for both of these proposals are expected to be released in the spring of 2020.

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Economic Security

Administration Proposes No New Investments in CalEITC, Fails to Extend Credit to Excluded Californians

The California Earned Income Tax Credit (CalEITC) and Young Child Tax Credit (YCTC) are California’s only refundable tax credits that boost the incomes of families and individuals who earn little from their jobs, helping them to afford necessities, like food and utilities. The overwhelming majority of people who are eligible to benefit from the CalEITC and YCTC are people of color. In addition, women and children make up the majority of people who are eligible to benefit from the YCTC.

Policymakers are required to specify in each year’s state budget bill how large a credit to provide through the CalEITC and YCTC. The Governor’s proposed budget maintains the increased investments in these credits that were made in the 2019-20 budget and does not provide any additional investments.

The CalEITC coalition, which includes more than 30 organizations across the state, recommends that the Governor extend the CalEITC and YCTC to the hundreds of thousands of immigrant families who earn low wages, pay taxes, and experience significant economic disparities in communities throughout the state, but are excluded from these credits. Both the Assembly and Senate adopted a proposal to make the CalEITC and YCTC more inclusive as part of their 2019-20 budget plans, but it was left out of the final budget deal with the Governor. Extending the CalEITC and YCTC to excluded immigrants could benefit an estimated 505,000 to 722,000 Californians, including 171,000 to 244,000 children, at a cost of just $79 million to $113 million, according to Budget Center estimates. Previous Budget Center analyses have shown that making these credits more inclusive of immigrant families would be a smart investment for the state from both an equity and economic perspective.

In addition to maintaining the CalEITC and YCTC at current levels, the Administration proposes to allocate $10 million for outreach efforts to encourage greater participation in the credits. This continues the same level of investment in outreach provided through the state budget in recent years. Budget documents also indicate that the Administration is continuing to develop “a program that would allow workers to receive a portion of the [Cal]EITC in monthly payments.” The 2019-20 budget directed the Franchise Tax Board (FTB) to work with the Legislature and the Department of Finance to determine how such a program might work, and the FTB is expected to publish a report of recommendations in the spring.

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Job Protections Expanded for Paid Family Leave as Part of January Proposal

Over the span of a career, most working adults need time off to care for a new child or a sick family member. The California Paid Family Leave program allows caregivers to take up to six weeks of paid time off to care for a family member or bond with a newborn or adopted child. As part of the 2019-20 budget agreement, caregivers will be allowed to take up to eight weeks of paid time off, effective July 1, 2020.

While the vast majority of California workers contribute to the paid family leave program and are eligible to take paid time off to care for a new child or family member, workers are not guaranteed their job when their paid-leave period ends. This is because the state’s paid leave program does not provide job protections when a worker needs to take paid time off. As a result, many workers are unable to utilize paid leave in California. A lack of job protections is more likely to affect workers with low wages, who are disproportionately women and Black and Latinx workers. The budget proposal signals the intent to include statutory language to “align paid family leave benefits with job protections.” The budget proposal also states that resources will be provided to support small businesses that provide paid family leave benefits to their employees.

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Governor Proposes Continued Investments in CalWORKs

The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides modest cash assistance for over 720,000 low-income children while helping their parents overcome barriers to employment and find jobs. CalWORKs primarily serves families of color, making it an important source of support in a state where children of color are more likely than white children to face economic insecurity. In recent years, state policymakers have taken steps to increase economic security for CalWORKs families. In the 2019-20 budget agreement, policymakers significantly increased the maximum CalWORKs grant, as the annualized grant had been well below the deep poverty threshold (50% of the federal poverty line) for over a decade. In this January proposal, the Governor plans to increase the maximum grant by an additional 3.1%, effective October 1, 2020. The proposed budget provides $73.6 million in 2020-21 and $98.1 million in 2021-22 from realignment funds for this increase.

The Administration also calls for increasing the amount of child support payments that are passed through to CalWORKs families, effective January 1, 2022. Currently, when one CalWORKs parent has primary custody of a child, the non-custodial parent must provide child support payments. However, the family only receives the first $50 of each monthly payment; the remainder must go to the state, county, and federal governments as “reimbursement” for the costs associated with the CalWORKs program. The Governor proposes allowing parents to retain $100 for a family with one child and $200 for a family with two or more children. The Administration provides $1.4 million ($900,000 General Fund) in 2020-21 to implement these changes and anticipates that this change will cost $17 million General Fund annually, beginning 2021-22. The proposed budget also includes statutory changes to forgive child support debts that the state determines to be uncollectible, beginning January 1, 2022.

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Proposed Budget Lacks a State Increase for SSI/SSP Grants

Supplemental Security Income/State Supplementary Payment (SSI/SSP) grants help well over 1 million low-income seniors and people with disabilities to pay for housing and other necessities. Grants are funded with both federal (SSI) and state (SSP) dollars. State policymakers made deep cuts to the SSP portion of these grants in order to help close budget shortfalls that emerged following the onset of the Great Recession in 2007. The SSP portions for couples and for individuals were reduced to federal minimums in 2009 and 2011, respectively. Moreover, the annual statutory state cost-of-living adjustment (COLA) for SSI/SSP grants was eliminated beginning in 2010-11. Since then, state policymakers have provided only one discretionary COLA for the state’s SSP portion of the grant  ̶  a 2.76% boost that took effect in January 2017, resulting in monthly state SSP grant levels of $160.72 for individuals and $407.14 for couples, which remain in effect today.

The Governor does not propose a state increase for the SSP portion of SSI/SSP grants in 2020-21. However, the Administration does project that the federal government will boost the SSI portion of the grant by 1.7% effective January 1, 2021.

As a result of this projected federal increase:

  • The maximum monthly combined SSI/SSP grant for individuals who live independently would increase from the current level of $943.72 to $957.72 on January 1, 2021. This projected 2021 grant level equals 92% of the current federal poverty guideline for an individual ($1,041 per month).
  • The maximum monthly combined SSI/SSP grant for couples who live independently would increase from the current level of $1,582.14 to $1,602.14 on January 1, 2021. This projected 2021 grant level equals 113.7% of the current federal poverty guideline for a couple ($1,409 per month).

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One-Time Funding to Fight Food Insecurity Included in Proposed Budget

Millions of Californians face food insecurity, not knowing where their next meal will come from. Californians with low incomes can receive emergency food assistance through a federal program called the Emergency Food Assistance Program (EFAP), which provides food to local food banks across the state. The federal program is supplemented with food purchased by food banks, supported by private donations, state funds, and other sources. The Governor’s budget proposal includes $20 million in one-time General Fund dollars in the Department of Social Services budget for food banks and other EFAP providers to expand their food purchases.

The Administration notes that this one-time expenditure is intended to offset the loss of CalFresh benefits (California’s version of the Supplemental Nutrition Assistance Program, or SNAP) due to recent federal rule changes. Specifically, the Trump Administration issued a rule in December that restricts states’ ability to qualify for waivers of a rule limiting the receipt of SNAP benefits to just three months out of every three years for unemployed and underemployed individuals ages 18 through 49 who are not raising children. Previously, states could seek waivers to the three-month limitation for certain areas or the entire state during times of high unemployment, but the new rule severely limits the situations in which states can be granted a waiver. As a result, the Trump Administration estimated that nearly 700,000 people nationwide would lose SNAP benefits.

Additionally, another federal rule issued in August expanded the definition of “public charge” (people who can be denied entry into the US or permission to remain in the US on the grounds that they are likely to require public support) to include those receiving SNAP benefits and other types of non-cash assistance. The likely result is a “chilling effect” among individuals in families that include noncitizen immigrants, whereby families do not access public supports to address basic needs for which their family members are eligible, such as CalFresh, and disenroll from supports that they currently access out of fear and confusion about the consequences of accessing these types of supports. While the US Department of Homeland Security remains blocked from implementing the public charge rule due to litigation efforts, some potentially affected families may disenroll from CalFresh and other benefits due to fear and uncertainty.

Finally, another rule change proposed by the Trump Administration, but not yet finalized, would limit states’ ability to use “broad based categorical eligibility” to provide access to SNAP food assistance for families with modest savings and those with somewhat higher incomes who have significant expenses for housing or child care. If implemented, this rule could be particularly harmful in California due to the state’s high cost of living.

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Budget Proposal Provides Few New Subsidized Child Care Spaces, Creates Department of Early Childhood Development

Subsidized child care allows parents with low and moderate incomes to find jobs and remain employed, feeling secure that their children have a safe space to learn and grow. These programs provide a critical service for families struggling with the state’s high cost of living. While the 2019-20 budget agreement made a significant investment in the state’s subsidized child care and development system, millions of eligible children and families – disproportionately families of color – are unable to access services due to a lack of state and federal funding. The Governor’s proposal does provide 621 additional General Child Care slots ($10.3 million Cannabis Fund). Further, as part of the 2019-20 budget agreement, just over 3,000 General Child Care slots were added with $50 million one-time General Fund. According to legislative documents, these spaces were to be funded with Proposition 64 Cannabis Fund dollars in future years. The Governor’s 2020-21 proposal replaces the $50 million in one-time General Fund support for General Child Care spaces with ongoing funding from the Cannabis Fund. This does not address the vast unmet need for subsidized child care.

In addition, the Governor’s budget proposal calls for a new Department of Early Childhood Development that would restructure the governance of subsidized child care programs. Currently, both the California Department of Education (CDE) and the Department of Social Services administer subsidized child care programs. The Administration is proposing to shift all subsidized child care programs into the new department under the California Health and Human Services Agency, effective July 1, 2021. The California State Preschool Program will remain under the purview of the California Department of Education. The budget proposal includes $8.5 million General Fund for the California Health and Human Services Agency to support a transition team. This proposal precedes the recommendations that will be made in the Master Plan for Early Learning and Care, due October 1, 2020.

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Immigration 

Governor’s Budget Proposes Extending Full-Scope Medi-Cal to Undocumented Seniors, but Misses Key Opportunity to Expand CalEITC to ITIN Filers

California has the largest share of immigrant residents of any state, and half of all California workers are immigrants or children of immigrants. Given the prominence of immigrants in California’s population and the state’s economy, recent and ongoing federal actions that limit immigration, aggressively enforce immigration laws, and seek to exclude immigrant communities have significant negative implications for California. The 2020-21 budget agreement makes important strides to support immigrant communities but also misses a key opportunity. Specifically, the Governor’s proposed budget:

  • Expands eligibility for comprehensive Medi-Cal coverage to seniors regardless of immigration status. In recent years, California has extended full-scope Medi-Cal coverage to undocumented immigrants under age 26 who otherwise qualify for the program. The Governor proposes to expand this state policy to include undocumented adults age 65 or older, no sooner than January 1, 2021. The Administration estimates that 27,000 undocumented seniors would enroll in full-scope Medi-Cal in the first year. This expansion would initially cost $80.5 million ($64.2 million General Fund), rising to an estimated $350 million ($320 million General Fund) in 2022-23. The Governor’s proposal would continue to leave undocumented immigrants ages 26 to 64 without access to full-scope Medi-Cal.
  • Continues ongoing annual funding for immigration services. The budget proposal includes $65 million in ongoing General Fund for the unaccompanied undocumented minors and Immigration Services Funding programs. The Department of Social Services allocates funds through these two programs to nonprofit organizations who provide immigration services.
  • Includes funding for the California Newcomer Education and Well-Being Project (CalNEW). The budget proposal allocates $15 million one-time Proposition 98 General Fund to continue support for school districts with a significant number of refugee and unaccompanied undocumented students. The funding is intended to assist schools in planning, designing, and implementing supplementary instructional and social adjustment support services that improve students’ well-being, English language proficiency, and academic performance.
  • Increases support for undocumented community college students. The budget proposal includes an increase of $10 million to support legal services for undocumented students, faculty, and staff on community college campuses and an increase of $5.8 million Prop. 98 for Dreamer Resource Liaisons and other student support services for community college students.
  • Establishes the Social Entrepreneurs for Economic Development Initiative. The proposed budget includes $10 million in one-time General Fund to provide micro-grants and entrepreneurial trainings to immigrants. The funding would be administered by the California Workforce Development Board, which would be overseen by the newly proposed Department of Better Jobs and Higher Wages.
  • Provides funding to monitor compliance with a recent law that limited the use of the California Law Enforcement Telecommunications System (CLETS) for immigration enforcement purposes. The CLETS is a statewide telecommunications system used by law enforcement agencies. Assembly Bill 1747 (Gonzalez, Chapter 789 of 2019) prohibited subscribers to the system from using information other than criminal history information transmitted through the system for certain immigration enforcement purposes. The proposed budget allocates to the Department of Justice $2.8 million in 2020-21, $3.3 million in 2021-22, and $2.9 million annually thereafter from the General Fund to conduct investigations and audits to monitor compliance with the new law.
  • Does not extend the California Earned Income Tax Credit (CalEITC) or Young Child Tax Credit (YCTC) to workers who file taxes with an Individual Taxpayer Identification Number (ITIN). Immigrants who do not have Social Security Numbers (SSNs) can file taxes using federally issued ITINs instead, but they are currently ineligible for both the CalETIC and YCTC. As mentioned in the CalEITC section, the CalEITC coalition was looking to the Governor to extend the CalEITC and YCTC to the hundreds of thousands of immigrant families who earn low wages, pay taxes, and experience significant economic disparities in communities throughout the state, but are excluded from these credits. Extending the CalEITC and YCTC to excluded immigrants could benefit an estimated 505,000 to 722,000 Californians, including 171,000 to 244,000 children, at a cost of just $79 million to $113 million, according to Budget Center estimates.

While California continues to make strides to provide support and create safe communities for immigrants, ensuring that all Californians are protected and can access economic opportunity requires enacting policies that extend vital state supports to immigrants and their families.

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Education

Budget Proposal Provides Additional Preschool Spaces, and Expands Funding Opportunities for Early Learning Facilities

State policymakers have taken steps in recent years to expand access to full-day early learning opportunities for young children, including funding additional spaces in the California State Preschool Program (CSPP) and creating grant programs for early learning facilities. The Governor’s budget proposal continues to invest in early learning opportunities. Specifically, the budget proposal:

  • Provides $31.9 million General Fund to increase the number of full-day spaces in the California State Preschool Program. The budget agreement adds 10,000 full-day preschool spaces, effective April 1, 2021, for community-based state preschool providers that are not Local Education Agencies.
  • Provides $75 million Proposition 98 General Fund for the Inclusive Early Education Expansion Program. The Inclusive Early Education Expansion Program was created with one-time Prop. 98 funds as part of the 2018-19 budget agreement in order to increase access to early care and education programs for children with special needs. Funds are limited to Local Education Agencies to build or modify facilities. The 2019-20 budget provided additional funds, bringing the total amount to $177 million. The 2020-21 budget proposal provides an additional $75 million for this grant program.
  • Proposes increased flexibility for the Full-Day Kindergarten Facilities Grant Program. The 2018-19 and 2019-20 budget agreements set aside a total of $400 million one-time General Fund for building or retrofitting school district facilities in order to transition part-day kindergarten programs to full-day programs. Priority is given to school districts with either a large number of students eligible for free or reduced-price meals or districts that are experiencing “financial hardship.” However, roughly three-quarters of this funding remains unused. As a result, the Governor proposes to dedicate a portion of these funds for the construction of preschool facilities on school campuses.

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Increased Revenues Boost the Minimum Funding Level for Schools and Community Colleges

Approved by voters in 1988, Proposition 98 constitutionally guarantees a minimum level of annual funding for K-12 schools, community colleges, and the state preschool program. The Governor’s proposed budget assumes a 2020-21 Prop. 98 funding level of $84 billion for K-14 education, $3 billion above the 2019-20 funding level of $81.1 billion estimated in the 2019-20 budget agreement. The Prop. 98 guarantee tends to reflect changes in state General Fund revenues and estimates of General Fund revenue in the proposed budget are higher than those in the 2019-20 budget agreement. As a result, the Governor’s proposed budget assumes a 2019-20 Prop. 98 funding level of $81.6 billion, $517 million above the level assumed in the 2019-20 budget agreement, and a $78.4 billion 2018-19 Prop. 98 funding level, $301.5 million above the level assumed in the 2019-20 budget agreement.

The Governor’s proposed budget also projects that a deposit of $524.2 million into the Public School System Stabilization Account (PSSSA) is required in 2019-20, the first deposit into this state budget reserve for K-12 schools and community colleges. The 2019-20 PSSSA deposit reflects an increase of $147.7 million above the amount that was previously projected in the 2019-20 budget package. The Governor’s spending plan assumes a withdrawal of $37.6 million from the PSSSA will be required in 2020-21, which would leave a balance of $486.6 million in the budget reserve for K-14 education.

The largest share of Prop. 98 funding goes to California’s school districts, charter schools, and county offices of education (COEs), which provide instruction to approximately 6.2 million students in grades kindergarten through 12. The Governor’s proposed budget increases funding for the state’s K-12 education funding formula – the Local Control Funding Formula (LCFF) – and supports the recruitment and professional development of educators. Specifically, the Governor’s proposed budget:

  • Increases LCFF funding by $1.2 billion. The LCFF provides school districts, charter schools, and COEs a base grant per student, adjusted to reflect the number of students at various grade levels, as well as additional grants for the costs of educating English learners, students from low-income families, and foster youth. The Governor’s proposal reflects a 2.29% cost-of-living adjustment (COLA) and would result in $64.2 billion in total LCFF funding. The proposed budget also provides $5.7 million to fund a 2.29% COLA for COEs and $600,000 in one-time funding intended to improve LCFF fiscal accountability and access to statewide data.
  • Provides $532.1 million in one-time funding for educator recruitment and preparation. The Governor’s proposed budget provides funding for new programs intended to address the state’s shortage of teachers and other educators including $193 million for a Workforce Development Grant Program to address shortages in high-need subjects and $100 million for a California Teacher Credential Award Program, which would provide $20,000 stipends to fully credentialed teachers who teach a high-need subject in a high-need school for four years. The Governor’s proposed budget also increases funding for existing programs by providing $175 million for the Teacher Residency Grant Program, a competitive grant program established in 2018 to recruit and prepare special education, science, technology, engineering, mathematics, and bilingual education teachers to teach in high-need communities and $64.1 million for the California Classified School Employee Teacher Credential Program, which provides grants to K-12 school districts to recruit school employees to become classroom teachers.
  • Provides $368 million in one-time funding to increase support for the Educator Workforce Investment Grant Program. The 2019-20 budget agreement provided $38.1 million to establish the Educator Workforce Investment Grant Program, which supports competitive grants to institutes for higher education or nonprofit organizations with expertise in providing professional learning for K-12 educators. The Governor’s proposal increases funding for the program by $350 million, which would be provided to school districts through a competitive process to conduct training in high need areas such as special education, mental health interventions, science, technology, engineering, and math as well as supporting English language learners. The proposed budget also provides $18 million to the California Collaborative for Educational Excellence to increase awareness of the services and supports available to school districts through the grant program.
  • Provides $300 million in one-time funding to establish community school grants. Community schools provide integrated educational, health, and mental health services to students. The Governor’s budget proposes to use community school grants for school districts to implement programs aligned with the community school model, including intensive health, mental health, and social services, support for educator professional development, and expanded learning opportunities.
  • Provides $300 million in one-time funding to assist low-performing schools and school districts. The Governor’s proposed budget would establish “opportunity grants” for the state’s lowest-performing schools and school districts with the intention of closing achievement gaps. The Governor’s proposed budget would use a portion of the one-time funding to expand the capacity of the California Collaborative for Educational Excellence in several areas such as improving the school and school district review process, expanding educational leadership training, and evaluating state and local continuous improvement efforts.
  • Increases special education funding by $250 million. The Governor proposes to allocate the increased funding to school districts based on the number of preschool-age children with disabilities that a district serves. The increase in special education funding in the Governor’s spending plan is part of a proposed multi-phase, multi-year process that includes a new special education base rate funding formula that would continue to be allocated to Special Education Local Plan Areas (SELPAs).
  • Provides $122.4 million to fund COLAs for non-LCFF programs. The Governor’s proposed budget funds a 2.29% COLA for several categorical programs that remain outside of the LCFF, including special education, child nutrition, and American Indian Education Centers.
  • Provides $70 million for school nutrition programs. The Governor proposes to increase school nutrition funding by $60 million to encourage participation in the state and federal school nutrition programs and to improve the quality of subsidized school meals. The Governor’s proposal also includes $10 million to train school food service workers to promote healthier meals.

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Budget Proposal Includes Significant Investments in Community College Workforce Development and Increases Funding for Cost-of-Attendance Expenses

A portion of Proposition 98 funding provides support for California’s community colleges (CCCs), which help prepare over 2 million students to transfer to four-year institutions as well as obtain training and employment skills. The 2020-21 budget proposal expands support for workforce development programs, increases funding for some cost-of-attendance expenses, creates a pilot program to increase faculty diversity, and makes other investments.

Specifically, the proposed spending plan:

  • Includes significant investments in workforce development programs. The Administration’s proposal includes $48.2 million Prop. 98 for increased apprenticeship instructional hours, $15 million Prop. 98 for the California Apprenticeship Initiative, and $20 million one-time Prop. 98 to expand access to work-based learning programs. The proposal also includes $17 million one-time General Fund to support students in the greater Fresno region from secondary school through college and into high-wage jobs.
  • Provides an increase of $31.9 million for enrollment growth.
  • Provides $21.4 million to support students non-tuition cost-of-attendance expenses. The budget allocates $11.4 million Prop. 98 General Fund to establish and support food pantries at community colleges and $10 million one-time funding to develop and implement the Zero-Textbook-Cost Degree Program, which eliminates the cost of textbooks for certain degrees and certificate programs.
  • Increases support for undocumented and immigrant students by $15.8 million. The budget proposal includes $10 million to support legal services for undocumented students, faculty and staff on community college campuses and an increase of $5.8 million Prop. 98 General Fund for Dreamer Resource Liaisons and other student support services for immigrant community college students.
  • Provides $15 million one-time funding to pilot a fellowship program to improve faculty diversity.
  • Maintains the structure of the Student Centered Funding Formula. The 2019 budget package included revisions to CCC general-purpose apportionments, which is now in its second year of implementation. The Governor’s proposed 2020-21 budget makes no further revisions to the formula but signals support for including first-generation students in future formula metrics.

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Spending Plan Increases Funding for CSU and UC

California supports two public four-year higher education institutions: the California State University (CSU) and the University of California (UC). The CSU provides undergraduate and graduate education to roughly 481,000 students on 23 campuses, and the UC provides undergraduate, graduate, and professional education to about 285,000 students on 10 campuses.

The Governor’s proposed 2020-21 budget increases support for the CSU and the UC with the expectation that the institutions will continue to support college affordability and access, and improve completion rates. Notably, the proposal does not make funding contingent upon the institutions maintaining current tuition rates.

At the CSU, the proposed budget:

  • Increases ongoing funding for the CSU by $199 million. This 5% increase in base resources includes funding for operational costs, enrollment growth, and the Graduation Initiative, which seeks to improve graduation rates and eliminate opportunity and achievement gaps.
  • Proposes $6 million one-time funding for degree and certificate completion programs. These funds would be directed toward the development and expansion of degree and certificate completion programs to support those with some college but no degree.
  • Extends summer-term financial aid. The 2019-20 budget allocated $6 million to CSU to provide summer-term financial aid to low-income students, including undocumented students. This funding is set to be suspended in December 2021 if revenues do not reach certain levels. The proposed budget extends this date to June 2023. This summer financial aid maintains the exclusion of California Community Colleges and private institutions.

At the UC, the proposed budget:

  • Increases ongoing funding for the UC by $218 million.
  • Provides increased funding for enrollment growth. The spending plan increases base funding by $169 million for undergraduate enrollment growth, operational costs, and student support services. The Governor’s budget also provides $25 million ongoing for enrollment and operational support at UC Riverside School of Medicine and $15 million ongoing to expand the UC San Francisco School of Medicine Fresno Branch Campus in partnership with UC Merced.
  • Provides $4 million one-time funding to support degree and certificate completion programs.
  • Extends summer-term financial aid. The 2019-20 budget allocated $4 million to UC to provide summer-term financial aid to low-income students, including undocumented students. This funding is set to be suspended in December 2021 if revenues do not reach certain levels. The proposed budget extends this date to June 2023. This summer financial aid maintains the exclusion of California Community Colleges and private institutions.

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Administration Proposes Student Loan Debt Workgroup

Cal Grants are the foundation of California’s financial aid program for low- and middle-income students pursuing higher education in the state. Cal Grants provide aid for tuition and living expenses that do not have to be repaid. The Governor’s spending plan maintains Cal Grant award levels and total available awards, and expects the California Student Aid Commission’s financial aid reform working group to “consider strategies to mitigate the underlying drivers of non-tuition costs.”

The proposed budget also includes $5 million one-time to address student loan debt. The funds would support a student loan working group and the development of an informational website to ensure students have access to information regarding loan programs, repayment plans, debt forgiveness options, and workshop opportunities to assist borrowers. This funding would also be used to create grants to public colleges to notify students of available loan repayment options.

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Governor’s Proposed Budget Includes Several New Labor and Workforce Development Proposals

The Administration proposes to create a new Department of Better Jobs and Higher Wages that would house several workforce development programs in order to align “fragmented workforce programs.” In addition, the proposed budget includes “statutory changes to consolidate the workforce functions dispersed across the Labor and Workforce Development Agency.” The new department would be composed of the California Workforce Development Board, the Employment Training Panel, the Workforce Services Branch and Labor Market Information Division (currently part of the Employment Development Department), and the Division of Apprenticeship Standards (currently part of the Department of Industrial Relations). According to the Administration, this consolidation is intended to “better align data, policy, and program analysis of the state’s workforce training programs.” The budget allocates $2.4 million in one-time General Fund to establish executive staff for the new department.

The proposed budget also includes $50 million one-time General Fund to support investments in the Fresno area aimed at “improving the economic mobility of Californians living in the region.” Specifically, this includes:

  • $33 million for the establishment of a Fresno-Merced Food Innovation Corridor. Budget documents describe this as a collaboration between academic institutions and industry intended “to spur additional economic development” and “support advanced sustainable agricultural production and high-quality jobs in the San Joaquin Valley.”
  • $17 million for the Fresno Integrated K-16 Education Collaborative, which budget documents describe as “a plan to design educational pathways to improve social and economic mobility in the greater Fresno region.”

In addition to these proposals, the budget allocates additional funds to several departments to enforce compliance with Assembly Bill 5 (Gonzalez, Chapter 296 of 2019). This bill codified in state law a recent California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court of Los Angeles County, that requires companies to classify more workers as employees rather as than independent contractors. Specifically, the budget proposes to provide $17.5 million to the Department of Industrial Relations, $3.4 million to the Employment Development Department, and $780,000 to the Department of Justice.

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Criminal Justice

Proposed Budget Projects California Could Close a State Prison Within Five Years, Boosts Funding for Rehabilitative Services

Nearly 123,800 adults who have been convicted of a felony offense are serving their sentences at the state level, down from a peak of around 173,600 in 2007. Currently, more than 7 in 10 state prisoners are Black or Latinx – a racial disparity that reflects implicit bias within the criminal justice system, structural disadvantages faced by these communities, and other factors. Among all incarcerated adults, most ─ about 114,400 ─ are housed in state prisons designed to hold fewer than 85,100 people. This level of overcrowding is equal to 134.5% of the prison system’s “design capacity,” which is below the prison population cap ─ 137.5% of design capacity ─ established by a 2009 federal court order. (In other words, although state prisons remain severely overcrowded, the state is complying with the court order.) In addition, California houses over 9,300 people in facilities that are not subject to the court-ordered cap, including fire camps, in-state “contract beds,” and community-based facilities that provide rehabilitative services. The sizeable drop in incarceration has resulted largely from a series of policy changes adopted by state policymakers and California voters in the wake of the federal court order.

The proposed spending plan:

  • Assumes that California will be able to close a state-operated prison “within the next five years” due to projected declines in the number of incarcerated adults. This timeline assumes that the state will first end the use of in-state contract facilities – both public and private – that house men. (This is expected to occur by July 2022.) This timeline also assumes that the number of adults incarcerated at the state level will drop by about 4,300 from June 2021 to June 2024. The Newsom Administration plans to close a state-operated prison “if these population trends hold,” according to the budget summary.
  • Includes new approaches to help incarcerated adults boost their education and skills and prepare to successfully reenter society. Specifically, the Governor proposes to:
    • Create, at selected state prisons, “Youth Offender Rehabilitative Communities” focused on adults under age 26. The aim is to develop “campus-style environments” in which young adults can connect with “positive mentors” and participate in “rehabilitative and educational programs targeted to their unique needs.” The General Fund cost would be $6.2 million in 2020-21, rising to $10.1 million ongoing.
    • Boost access to technology, including laptop computers, in order to improve academic and vocational training for incarcerated adults, at a General Fund cost of $26.9 million in 2020-21 and $18 million ongoing.
    • Partner with the California State University system to establish bachelor’s degree programs for incarcerated adults who have already an associate’s degree. The General Fund cost would be $1.8 million in 2020-21 and $3.5 million ongoing.
  • Expands the use of “telepsychiatry” – or secure videoconferencing – to increase incarcerated adults’ access to mental health services. This proposal would cost $5.9 million General Fund in 2020-21, rising to $8.4 million by 2024-25.

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Governor Proposes Reforms to the Local Correctional System and Expands Select Judicial Programs for Low-Income Californians

California’s 58 counties play a key role in the state’s local correctional system. For example, counties operate jails, which house roughly 72,000 people on a given day, and supervise individuals on probation. Adults under county probation supervision were convicted of a misdemeanor or felony but allowed to return to their communities instead of remaining incarcerated with certain requirements. California’s correctional system underwent a series of reforms beginning with the state-to-county “realignment” that took effect in 2011, following a US Supreme Court order that required the state to reduce its prison population. Under realignment, counties took responsibility for managing certain adults who had traditionally been housed in state prisons and supervised by state parole officers upon their release. Each year, the state provides counties with constitutionally protected funding to support their responsibilities under the 2011 realignment.

The Governor’s proposed budget focuses on reforming the adult probation system with the goal of reducing recidivism rates and using evidence-based practices for people with felony and misdemeanor convictions. Specifically, the proposed spending plan:

  • Allocates $60 million General Fund for increased probation services targeting individuals with misdemeanor convictions. This funding is allocated for three years, with another $30 million potentially available in 2023-24.
  • Provides an increase of $11 million in ongoing funding for the California Community Corrections Performance Incentives Act of 2009. Under this law, also known as Senate Bill 678 (Leno, Chapter 608 of 2009), counties have financial incentives to reduce the number of individuals on felony probation who are sent to state prison. The increase is an addition to the existing baseline funding of $113.8 million General Fund.
  • Includes reforms to limit felony and misdemeanor probation terms to two years and allows for earned discharge for individuals on probation. Formal probation supervision normally lasts three to five years depending on the crime committed and the county in which individuals are convicted.

The Administration proposes other funding increases to select judicial services, while also attempting to encourage further state oversight of county jails. The proposed budget:

  • Allocates $11.5 million General Fund in 2020-21 and proposes an increase to $56 million ongoing General Fund by 2023-24 to expand the “MyCitations” online pilot program to county courts statewide. The Judicial Council of California oversees the online pilot tool “MyCitations” that is currently only administered by four county courts. This tool allows qualifying individuals to request a payment plan, more time to make payments, or community service as a payment option for certain traffic and non-traffic infractions. Depending on a person’s income, they may additionally qualify for a reduction in the criminal fines and fees they owe for these same citations.
  • Dedicates $4 million General Fund in 2020-21 and $3.5 million in following years to improve the quality of legal representation provided by the Office of State Public Defender (OSPD). It also assigns $10 million one-time General Fund to supplement local funding for public defenders. OSPD primarily handles death penalty post-conviction appeals for individuals who cannot afford their own legal defense.
  • Strengthens the state’s oversight of county jails through facility inspections. The Governor proposes that the Board of State and Community Corrections (BSCC) more thoroughly engage with counties to correct issues identified during jail inspections that the BSCC conducts.

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Other Priorities in the Proposed Budget

Governor’s Proposal Makes Critical Investments in Climate Resilience and Emergency Preparedness

In recent years, California has faced unprecedented wildfires, flooding, and extreme heat events that have been exacerbated by climate change. These events are especially devastating for low-income communities, particularly people of color, who are more susceptible to the effects of climate change as they tend to live in more polluted areas or areas with high heat risks, and have fewer resources to recover from a disaster. To mitigate the effects of climate change, the Governor has proposed spending $1.73 billion in 2020-21 ($12.5 billion over five years). The proposed budget:

  • Recommends placing a $4.75 billion bond on the November 2020 ballot. This bond would fund improvements to climate resilience over the next five years. Approximately 80% of bond funds would support projects addressing immediate, short-term risks such as floods, drought, and wildfires. The remaining 20% would address longer-term risks like extreme heat and rising sea levels. These projects include efforts specifically supporting low-income communities, such as $360 million to increase access to safe drinking water through improving water supplies, treatment, and distribution, and $500 million to harden drinking water infrastructure, emergency shelters, and public medical facilities in low-income areas with high wildfire risk.
  • Allocates $965 million of existing Cap and Trade funds in 2020-21 ($4.83 billion over five years) to support a variety of programs. These programs include $400 million to promote clean mobility for low-income households and to reduce transportation emissions in low-income communities. The Administration also proposes $235 million to support community air monitoring and emissions reduction through Assembly Bill 617 (Garcia, Chapter 136 of 2017).
  • Provides $250 million General Fund in 2020-21 ($1 billion over five years) to create a Climate Catalyst Fund. The Governor proposes creating a loan fund to increase and leverage private sector investment in climate-related projects that meet the state’s climate and equity goals but face barriers in the private market.
  • Includes $204 million General Fund for one-time and ongoing investments. These investments include $169 million in one-time spending in 2020-21 for projects reducing the risk of urban flooding and supporting the draft Water Resilience Portfolio. The portfolio is the state’s plan to improve the water system and waterways through groundwater management, conservation, flood protection, and more. Another $35 million in ongoing funds would further support the draft Water Resilience Portfolio.
  • Provides $308 million of existing bond and special funds in 2020-21 ($1.42 billion over five years) for charging stations for electric vehicles and natural resource projects. The proposal reflects $51 million in one-time use of the Alternative and Renewable Fuel and Vehicle Technology Fund and $257 million of primarily Proposition 68 dollars. Voters approved Prop. 68 in 2018 to authorize $4 billion in bonds for water infrastructure, protecting natural resources, and more.

The proposed budget also provides investments to improve the state’s ability to prepare for, respond to, and recover from natural disasters. Among these investments are:

  • $50 million one-time General Fund to support a matching grant program to help local governments prepare for and respond to power shutoffs by investor-owned utilities, including bolstering community services vulnerable to such outages, such as schools and food storage reserves.
  • $26.8 million General Fund ($25 million one-time) for the Department of Forestry and Fire Protection (CAL FIRE) and the Office of Emergency Services (Cal OES) to administer a “home-hardening pilot program.” This program would be part of the implementation of the Wildfire Mitigation Financial Assistance Program, authorized by Assembly Bill 38 (Wood, Chapter 391 of 2019), and would provide financial assistance for upgrades to homes to decrease their vulnerability to wildfires, with a focus on homes in low-income communities with high fire risks. State funds are expected to leverage $75 million in federal funding, bringing total support to roughly $100 million.
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Proposed Budget Establishes New Consumer Financial Protections and Expands State’s Authority to Enforce Those Protections

In response to federal actions that have weakened consumer financial protections, the Administration proposes to establish a new California Consumer Financial Protection Law that will “provide consumers with more protection against unfair and deceptive practices when accessing financial services and products.” In addition, the budget expands the authority and capacity of the Department of Business Oversight (DBO) to administer the new law. Specifically, the department will have increased authority to “pursue unlicensed financial services providers not currently subject to regulatory oversight such as debt collectors, credit reporting agencies, and financial technology (fintech) companies, among others.” Specific new activities include “licensing and examining new industries that are currently under-regulated” and establishing a new Financial Technology Innovation Office to “proactively cultivate the responsible development of new consumer financial products.” To better reflect the DBO’s new responsibilities, the Administration proposes renaming the department the Department of Financial Protection and Innovation and includes $10.2 million Financial Protection Fund in 2020-21 for the establishment and administration of the law. The Administration anticipates funding growing to $19.3 million in 2022-23.

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