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Executive Summary

On May 11, Governor Jerry Brown released the May Revision to his proposed 2017-18 state budget. The Governor forecasts revenues $2.5 billion higher — over a three-year window — than projected in January, mostly reflecting higher personal income tax (PIT) projections due to stock market gains.

In addition to showing an upturn in the fiscal outlook, the May Revision makes several improvements over the Governor’s January proposal. The revised budget provides funds to offset a large portion of the In-Home Supportive Services program costs that are being shifted to counties. In addition, the May Revision continues plans — which the Governor’s January proposal had put on hold — for a multiyear reinvestment in subsidized child care and preschool. Higher-than-expected revenues result in increases in the Proposition 98 minimum guarantee for K-14 education spending. Also, the May Revision shifts funds to cover higher Cal Grant costs due to recently adopted tuition increases at the California State University and University of California.

The May Revision assumes current federal policies and funding levels, yet still reflects deep uncertainty about potential federal actions. The revised budget highlights the prospect of major changes to Medicaid, other areas of federal spending, and tax policy, among others.

The Governor’s May Revision — like his January proposal — calls for continued funding of the California Earned Income Tax Credit (CalEITC). However, the revised budget does not propose any additional investments in the welfare-to-work system (CalWORKs) or in basic income support for low-income seniors and people with disabilities (SSI/SSP). In addition, the Governor’s budget does not include proposals to address affordable housing.

The Governor’s revised budget sets aside $3.6 billion as constitutionally required by Prop. 2 (2014), with half deposited in the state’s rainy day fund and half used to pay down state budgetary debt. Under the Governor’s proposal, state reserves would total $10.1 billion by the end of 2017-18.

As the Governor and Legislature work toward a budget agreement in the coming weeks, they do so amid the continuing, and in many ways troubling, prospect of federal cuts that could threaten health care coverage for millions of Californians, the social safety net, and other critical services. California’s Congressional delegation needs to ensure that federal policy choices provide the necessary support to communities in California and elsewhere.

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

May Revision Reflects Modestly Improved Fiscal Outlook
Updated Revenue Projections Lead to Increase in Proposed Reserves
May Revision Proposes Supplemental Payment for State Employee Pensions
May Revision Maintains Shift of In-Home Supportive Services (IHSS) Costs to Counties, but Reduces the Impact
May Revision Continues Implementation of Multiyear Plan to Reinvest in Early Care and Education, but Fails to Update Income Eligibility Limits
May Revision Boosts the Minimum Funding Level for Schools and Community Colleges
Governor Proposes Minor Adjustments to Higher Education Funding
Governor Maintains Proposal to Use Prop. 56 Funds to Pay for Typical, Year-to-Year Growth in Medi-Cal Costs
May Revision Highlights New Rules Implementing Prop. 57, Which Will Help the State Reduce Incarceration
Governor’s Revised Budget Reflects Recent Transportation Funding Agreement With the Legislature
May Revision Adds Modest New Resources to Address Federal Actions on Immigration and Other Issues
May Revision Makes No New Investments in CalEITC, CalWORKs, SSI/SSP, or Optional Medi-Cal Benefits
May Revision Proposes No New Funding for Affordable Housing and No New Changes to Cap-and-Trade

May Revision Reflects Modestly Improved Fiscal Outlook

The Governor’s revised budget reflects a “modestly improved fiscal outlook,” with General Fund revenues over the three-year “budget window,” from 2015-16 to 2017-18, expected to be $2.5 billion higher than projected in January. Nevertheless, General Fund revenues would still be $3.3 billion lower than the projections included in the 2016-17 budget agreement. (In January, the Administration projected that General Fund revenues would be $5.8 billion lower than assumed in the budget agreement.) The revised revenue forecast means that the Governor is now projecting a 2017-18 budget shortfall of about $400 million, absent any action by policymakers to address the gap. This is considerably smaller than the $1.6 billion budget gap projected by the Governor in January.

The Administration’s improved revenue forecast mostly reflects higher personal income tax (PIT) projections due to recent increases in stock market values, which in turn are expected to boost capital gains revenues. Specifically, the Administration now projects that PIT revenues during the three-year budget window will be $2.9 billion higher than expected in January. In contrast, the May Revision reflects sales and use tax (SUT) receipts that are $1.2 billion lower than projected in January, while corporate tax (CT) receipts are expected to be almost $400 million higher than projected four months earlier.

The May Revision projects that California’s economic growth will continue at a moderate pace over the next few years. However, the revised budget outlines a number of “risks to the outlook” that could weaken the state’s economy and have potentially significant negative effects on the state budget. These risks include major federal policy changes, the state’s ongoing housing affordability crisis, and the possibility of a national recession.

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Updated Revenue Projections Lead to Increase in Proposed Reserves

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 percent of estimated General Fund revenues. An additional set-aside is required when capital gains revenues in a given year exceed 8 percent of General Fund tax revenues. For 15 years — from 2015-16 to 2029-30 — half of these funds will be deposited into the rainy day fund, and the other half will be used to reduce certain state liabilities (also known as “budgetary debt”).

The Governor’s revised budget continues to project that the BSA will total $6.7 billion by the end of the current fiscal year (2016-17). Based on the Governor’s updated revenue projections for 2017-18, Prop. 2 would constitutionally require the state to deposit an additional $1.8 billion into the BSA (as well as set aside $1.8 billion for repaying budgetary debt), bringing the total amount in the BSA to $8.5 billion by the end of 2017-18.

The BSA is not California’s only reserve fund. Each year, the state deposits additional funds into a “Special Fund for Economic Uncertainties.” For 2017-18, the Governor projects $1.6 billion for this fund. This means that the Governor’s revised budget would build state reserves to a total of $10.1 billion by the end of 2017-18.

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May Revision Proposes Supplemental Payment for State Employee Pensions

The Governor’s revised budget includes higher levels of contributions to 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, resulting in the state needing to make annual contributions in order to pay down unfunded liabilities. The state’s unfunded liabilities in the two retirement systems have grown recently as a result of lower-than-expected investment returns and changes to the assumptions the systems make about future investment returns. Greater unfunded liabilities from lower investment returns, in turn, mean that state General Fund contributions to the two systems must increase.

The May Revision includes additional General Fund contributions as a result of CalPERS and CalSTRS reducing the “discount rate” — the assumed future rate of return on investments that is used to estimate the level of contributions from the state and employers — from 7.5 percent to 7.0 percent over the next several years.

In addition, the May Revision includes a supplemental payment to CalPERS of $6 billion, made through a loan from the Surplus Money Investment Fund, a state cash-flow and short-term investments account that is used to pool and invest state funds until they are needed. Comprised of a revolving mix of cash held by the state, the state portion of this fund (which also includes segregated local government funds) is valued at $50 billion. The purpose of this loan is to help offset increases in state contributions in future years — essentially refinancing a liability to CalPERS. The Administration projects that, without the loan, state contributions to CalPERS would grow from $5.8 billion ($3.4 billion General Fund) in 2017-18 to $9.2 billion ($5.3 billion General Fund) by 2023-24. The proposed loan of $6 billion will allow the loan funds to be invested at CalPERS’ assumed investment return rate (discount rate) of 7 percent, as opposed to less than 1 percent currently earned by the funds. The Administration estimates that over two decades this will generate an additional $11 billion (after paying for the costs of the loan), helping to reduce state contributions to CalPERS. For example, the state’s pension costs in 2023-24 would be $8.6 billion ($4.9 billion General Fund), instead of $9.2 billion ($5.3 billion General Fund), with additional savings accrued in other years across the life of the loan. The General Fund’s share of the repayment of the loan would be covered by funds set aside by Prop. 2 (2014) for repayment of budgetary debt. The rest of the loan repayment would come from a series of state special funds. In other words, the intention is that repaying the loan would not come from money that could otherwise be used to increase spending for other General Fund programs.

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May Revision Maintains Shift of In-Home Supportive Services (IHSS) Costs to Counties, but Reduces the Impact

Under the Coordinated Care Initiative (CCI), California integrates health care and other services — including IHSS — for certain seniors and people with disabilities. In January, the Administration indicated that because the CCI is not cost-effective, it will be discontinued in 2017-18, pursuant to current law. One key outcome of discontinuing the CCI is that counties’ share of the nonfederal costs for IHSS would go up, and the state’s share would go down. This is because the current cost-sharing formula — which is tied to the CCI and significantly limits counties’ share of IHSS cost increases — would end this coming July and be replaced with a formula that is less favorable to counties. (The current formula is based on a “maintenance of effort,” or MOE, structure that adjusts counties’ annual IHSS expenditures by an inflation factor; the less favorable formula is a simple cost-sharing ratio that requires counties to pay 35 percent of nonfederal IHSS costs and the state to pay 65 percent.) While the Governor acknowledged in January that counties would experience financial hardship due to this change, he did not initially specify any proposals that could ease the fiscal impact on counties.

The May Revision maintains the IHSS cost-shift, which will increase counties’ costs by an estimated $592 million in 2017-18. However, the revised budget also includes a multifaceted proposal to mitigate the impact of this cost-shift on county budgets. Included in the Governor’s package are proposals to:

  • Provide counties with General Fund dollars to offset a portion of their increased costs for IHSS. General Fund support would be set at $400 million in 2017-18; $330 million in 2018-19; $200 million in 2019-20; and $150 million in 2020-21 and each year thereafter.
  • Redirect certain growth funds generated by the “1991 realignment” funding structure for five years. For the first three years, this proposal would redirect all Vehicle License Fee growth funds from certain 1991 realignment “subaccounts” in order “to provide additional resources for IHSS,” according to the May Revision. In the fourth and fifth years, the amount of redirected revenues would be cut in half.
  • Allow counties to avoid repaying revenues that they received in error due to miscalculations by the state Board of Equalization. This amount “ranges from $100 [million] to $300 million and would protect each county’s realignment base revenues,” according to an analysis by the California State Association of Counties (CSAC).
  • Maintain an MOE structure for sharing IHSS costs between the state and counties rather than switching to a 35/65 county-state cost-sharing ratio. The state General Fund would pay the difference between the county’s annual MOE contribution and the total nonfederal share of IHSS costs.
  • Calculate a new MOE base for county IHSS costs in 2017-18 and apply an annual inflation factor to that base beginning in 2018-19. The MOE base would include the cost of IHSS services and administration. The inflation factor would be 5 percent in 2018-19. Beginning in 2019-20, the inflation factor would vary annually depending on the performance of revenues provided through the 1991 realignment. This ongoing inflation factor would range from zero to 7 percent. An inflation factor of 7 percent could “lead to county general fund impacts,” according to CSAC.

Even with the changes proposed in the May Revision, counties would face additional ongoing costs for IHSS. These costs would be relatively manageable in 2017-18 ($141 million) and 2018-19 ($129 million) because they would not be much higher than the increases that counties were anticipating under the current cost-sharing formula, according to CSAC. However, counties’ additional annual costs for IHSS could grow to $251 million by 2020-21, based on the Administration’s estimates. The Governor’s proposal would allow counties that experience financial hardship to apply to the state for “a low-interest loan to help cover” their additional IHSS costs. Moreover, the Administration indicates that it will hold ongoing discussions with counties regarding their share of IHSS costs and the impact of the proposed inflation factor.

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May Revision Continues Implementation of Multiyear Plan to Reinvest in Early Care and Education, but Fails to Update Income Eligibility

California’s subsidized child care and development system allows parents with low and moderate incomes to find and maintain employment while providing care and education for their children. This system is composed of a variety of programs that state policymakers cut dramatically during and after the Great Recession. In recent years, policymakers have restored a portion of the funding for these programs, and the 2016-17 budget agreement included legislative intent to implement a multiyear plan to reinvest in the state’s child care and development system.

Facing a forecasted budget shortfall, the Governor in his January proposal “paused” this multiyear reinvestment until the 2018-19 fiscal year. The May Revision reverses course and continues the timely implementation of the planned reinvestments in the subsidized child care and development system. Specifically, the May Revision:

  • Provides $160.3 million to increase the reimbursement rate for providers that contract directly with the state. The 2016-17 budget agreement included a 10 percent increase in the Standard Reimbursement Rate (SRR), which is the payment rate paid for providers that contract with the state, to go into effect on January 1, 2017. Due to implementation issues related to a midyear rate increase, the SRR was increased by 5 percent, effective July 1, 2016, and was scheduled to increase by the remaining 5 percent effective July 1, 2017. The proposed “pause” in the 2017-18 fiscal year would have delayed this second increase until 2018-19. The May Revision does not delay the rate increase and provides $67.6 million ($43.7 million Proposition 98) to increase the SRR by 5 percent on July 1, 2017, as originally scheduled. Furthermore, the Governor increases the SRR by an additional 6 percent, also effective on July 1, 2017 ($60.7 million Proposition 98, $32 million non-Proposition 98 General Fund).
  • Updates the payment rate for voucher-based providers. Families can access subsidized care by using a voucher to select a child care provider of their choice. The value of these vouchers is based on a Regional Market Rate (RMR) Survey, which is conducted by the state on a periodic basis. The May Revision increases the value of vouchers by updating rates based on the 2016 RMR Survey ($42.2 million General Fund), effective January 1, 2018.
  • Boosts the number of slots in the state preschool program. The May Revision provides $7.9 million in Proposition 98 funds to add 2,959 full-day state preschool slots beginning April 1, 2018, as scheduled in the original multiyear plan.

The May Revision maintains positive momentum in restoring funding for a system that is still operating below pre-recession levels. However, the May Revision does not update income eligibility limits, which are currently based on data that are over a decade old. As state and local minimum wages increase, many families find that they are no longer eligible for subsidized care, yet do not earn enough to afford the high cost of early care and education.

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May Revision Boosts the Minimum Funding Level for Schools and Community Colleges

Approved by voters in 1988, Prop. 98 constitutionally guarantees a minimum level of funding for K-12 schools, community colleges, and the state preschool program. The Prop. 98 guarantee tends to reflect changes in state General Fund revenues, and due to revised revenue estimates in the May Revision, the Governor assumes a 2017-18 Prop. 98 funding level of $74.6 billion, $1.1 billion above the level assumed in the January budget proposal. The May Revision also assumes a 2016-17 Prop. 98 funding level of $71.4 billion, $22 million more than January; and a 2015-16 Prop. 98 funding level of $69.1 billion, $432 million more than January.

While revised estimates of 2015-16 revenues are up relative to assumptions in January’s budget proposal, the May Revision assumes a 2015-16 Prop. 98 funding level that is actually greater than the minimum funding guarantee based on these revised revenue estimates. Because calculations of Prop. 98’s annual funding levels are usually based on prior-year funding levels, this overappropriation of the Prop. 98 guarantee for 2015-16 results in higher Prop. 98 funding levels in 2016-17 and 2017-18 than the Prop. 98 minimum funding guarantee otherwise would have required. The Governor’s May Revision states that this additional funding made available in 2015-16 and 2016-17, coupled with a proposed “settle-up” payment of $603 million for prior-year Prop. 98 obligations, is sufficient to eliminate the January budget proposal to defer $859 million in 2016-17 funding to 2017-18.

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 May Revision proposes to expand increases in funding for the state’s K-12 education funding formula — the Local Control Funding Formula (LCFF) — and to pay off outstanding obligations to school districts.

Voter approval of Prop. 51 in November 2016 authorized $7 billion in state general obligation (GO) bonds for K-12 school facilities. However, the May Revision, continuing to note shortcomings in the School Facilities Program, states that the Administration will only support the expenditure of Prop. 51 dollars once measures are “in place to ensure that taxpayers’ dollars are spent appropriately.” Additionally, the May Revision:

  • Provides an additional $643 million, for a total of $1.4 billion, to continue implementation of the LCFF. 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 May Revision would provide additional LCFF funding above the $744 million increase proposed in January. The Governor’s proposal to increase LCFF funding may reduce the amount of time it takes to fully implement the LCFF, which depends on funding sufficient for all districts to reach a target base grant. (All COEs reached their LCFF funding targets in 2014-15.) According to the Administration, the proposed 2017-18 LCFF funding level would bring the LCFF formula “to 97 percent of full implementation.”
  • Provides an additional $725 million in one-time funding, for a total of more than $1.0 billion, to reduce mandate debt the state owes to schools. Mandate debt reflects the cost of state-mandated services that school districts, charter schools, and COEs provided in prior years, but for which they have not yet been reimbursed.
  • Increases the cost-of-living adjustment (COLA) for non-LCFF programs. The Governor’s May Revision provides an additional $3.2 million to fund a 1.56 percent COLA for several categorical programs that remain outside of the LCFF, including special education, child nutrition, and American Indian Education Centers. The May Revision would increase the 1.48 percent COLA ($58.1 million) proposed in the January budget.

A portion of Prop. 98 funding supports California’s community colleges (CCCs), which help prepare approximately 2.4 million full-time students to transfer to four-year institutions as well as obtain training and skills for immediate employment. The May Revision increases funding for CCC operating expenses, deferred maintenance, and general-purpose apportionments. Specifically, the May Revision:

  • Increases funding for CCC operating expenses by $160 million. The May Revision provides funding for the CCCs to pay for increased expenses in areas such as employee benefits, facilities, and professional development.
  • Boosts one-time funding for deferred maintenance and other CCC expenses by $92.1 million. The May Revision provides funding for the CCCs to pay for deferred maintenance, instructional equipment, and certain water conservation projects.
  • Provides a net increase of $34.1 million in overall apportionment funding. The May Revision boosts apportionments — which provide general purpose funding for CCCs — to reflect a $28.5 million increase for funding earned back by CCC districts that experienced declining enrollment during the previous three fiscal years, an increase of $23.6 million due to unused prior-year enrollment growth funding, and a $3.5 million increase to fund a 1.56 percent COLA for apportionments, up from 1.48 percent as proposed in the Governor’s January budget. The May Revision also decreases apportionments by $21.5 million to adjust enrollment growth from 1.34 percent to 1 percent.

Consistent with the Governor’s January budget proposal, the May Revision continues to provide CCCs with $150 million in one-time funding for grants to develop and implement the Guided Pathways Program, an institution-wide approach to support student success.

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Governor Proposes Minor Adjustments to Higher Education Funding

The Governor’s revised budget makes several minor adjustments to higher education funding. Specifically, the May Revision:

  • Reverses a scheduled reduction to maximum Cal Grant awards for new students attending private institutions accredited by the Western Association of Schools and Colleges (WASC). The 2012-13 state budget adopted a reduction in Cal Grant awards for students attending independent nonprofit and accredited for-profit institutions. This reduction was to be implemented beginning in 2014-15, but subsequent budget actions postponed this reduction until 2017-18. The May Revision proposes cancelling this scheduled reduction in Cal Grant awards, contingent upon WASC-accredited institutions making “measurable achievements” in three areas: 1) enrolling the “neediest” students, 2) making it easier for students to transfer in from California community colleges, and 3) expanding online education programs. To fund this proposal, the Governor redirects $8 million that originally was intended for the California State University (CSU) and University of California (UC).
  • Shifts additional funds to the California Student Aid Commission (CSAC) to cover higher Cal Grant costs due to recently adopted tuition increases. The May Revision estimates that recently approved tuition increases that will go into effect this fall will raise 2017-18 Cal Grant costs by $28 million for students at the CSU and $20.9 million for students at the UC. (The CSU Board of Trustees approved a 5 percent and 6.5 percent increase in tuition for undergraduate students and graduate students, respectively, and the UC Board of Regents approved a tuition hike of 2.5 percent.) To cover increased Cal Grant costs, the Governor proposes shifting an additional $194 million in federal Temporary Assistance for Needy Families (TANF) funds to the CSAC. This means that the revised budget would offset $1.1 billion in General Fund costs for Cal Grants with federal TANF dollars when combined with the TANF reimbursements included in the Governor’s January budget proposal. Additionally, the May Revision summary warns that “if the universities raise tuition in the future, additional downward adjustments to state support may be needed to cover the higher Cal Grant costs.”
  • Maintains the Governor’s January proposal to phase out the Middle Class Scholarship Program (MCSP). The May Revision reflects a net decrease of $10 million due to revised estimates of the cost of this proposal.
  • Proposes to withhold $50 million in funds for the UC. These funds would be withheld until the UC has made progress implementing 1) the recommendations recently made by the State Auditor, who identified a number of concerns with UC budgeting practices and 2) a series of reforms agreed to by the Governor and the UC President in 2015 related to “activity-based costing” — a more transparent budgeting process — and the enrollment of transfer students from community colleges.

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Governor Maintains Proposal to Use Prop. 56 Funds to Pay for Typical, Year-to-Year Growth in Medi-Cal Costs

Approved by voters last November, Prop. 56 raised the state’s excise tax on cigarettes by $2 per pack and triggered an equivalent increase in the state excise tax on other tobacco products. These increases took effect on April 1. Prop. 56 requires most of the revenues raised by the measure to go to the Medi-Cal program, which provides health care services to more than 13 million Californians with low-incomes. The Administration projects that Prop. 56 will raise approximately $1.8 billion through June 2018, with more than $1.3 billion of this amount allocated to Medi-Cal. In January, the Governor proposed to use Prop. 56 revenues to pay for typical, year-to-year cost increases in Medi-Cal, rather than funding “improved payments” for health care services as Prop. 56 requires. The May Revision maintains this proposal, which the Administration argues is consistent with the requirements of Prop. 56.

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May Revision Highlights New Rules Implementing Prop. 57, Which Will Help the State Reduce Incarceration

Currently, more than 130,400 people are serving their sentences at the state level. Most of these individuals — nearly 114,900 — are housed in state prisons designed to hold slightly more than 85,000 people. This level of overcrowding is equal to 135 percent of the prison system’s “design capacity,” which is below the prison population cap — 137.5 percent of design capacity — established by federal court order. In addition, California houses more than 15,500 individuals in facilities that are not subject to the court-ordered population cap, including fire camps, in-state contract beds, out-of-state prisons, and community-based facilities that provide rehabilitative services.

The total number of people incarcerated by the state has declined by roughly one-quarter since peaking at 173,600 in 2007. This substantial reduction resulted largely from a series of policy changes adopted by state policymakers and the voters in the wake of the 2009 federal court order requiring the state to reduce overcrowding in state prisons.

California voters added a new reform last year by approving Prop. 57, which gives state officials new policy tools to address ongoing overcrowding in state prisons. Prop. 57 requires parole consideration hearings for state prisoners who have been convicted of a nonviolent felony and have completed the full term for their primary offense. The measure also gives the California Department of Corrections and Rehabilitation (CDCR) — which is part of the Governor’s administration — broad new authority to award sentencing credits to reduce the amount of time that people spend in prison. Prop. 57 requires the CDCR to adopt regulations implementing both of these provisions. Finally, Prop. 57 requires juvenile court judges to decide whether a youth should be tried in adult court.

The May Revision highlights the Administration’s new emergency regulations implementing Prop. 57, which were approved by the Office of Administrative Law in April. These emergency rules, which could change prior to being finalized, stipulate that:

  • The new parole consideration process for nonviolent offenders will take effect on July 1, 2017.
  • New and enhanced sentencing credits for completion of education and rehabilitation programs will be implemented on August 1, 2017. (Enhanced sentencing credits forgood conduct took effect on May 1.)
The Administration estimates that in 2017-18, Prop. 57 will reduce the number of inmates by 2,675 below the level that was otherwise projected (130,368). This annual drop in the inmate population is projected to grow to about 11,500 in 2020-21. According to the Administration, this reduction would allow the CDCR “to remove all inmates from one of two remaining out-of-state facilities in 2017-18, and begin removing inmates from the second facility as early as January 2018.” The May Revision projects that Prop. 57 will result in net state savings of $38.8 million in 2017-18, rising to about $186 million by 2020-21.
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Governor’s Revised Budget Reflects Recent Transportation Funding Agreement With the Legislature

California’s expansive transportation infrastructure includes 50,000 lane-miles of state and federal highways, 304,000 miles of locally owned roads, Amtrak intercity rail services, and numerous local transit systems, all of which facilitate the movement of people and goods across the state. The state’s largest category of deferred maintenance is for its existing transportation facilities.

The Governor’s revised budget includes a recently enacted agreement with the Legislature on a 10-year, $54 billion transportation funding package. This includes $2.8 billion for 2017-18.

The funding will be split equally between state and local transportation programs over the next 10 years. Major state-level allocations include:

  • $15 billion for highway repairs.
  • $4 billion in bridge repairs.
  • $3 billion to improve trade corridors.
  • $2.5 billion to reduce congestion on major commute corridors.

Major local-level allocations include:

  • $15 billion for local road repairs.
  • $8 billion for public transit and intercity rail.
  • $2 billion for local “self-help” communities that are making their own investments in transportation improvements.
  • $1 billion for active transportation projects to better link travelers to transit facilities.

The funding package relies on new revenues generated from a series of tax and fee increases:

  • $24.4 billion from a 12-cent increase in the base gas excise tax starting on November 1, 2017.
  • $10.8 billion from a 20-cent increase in the diesel fuel base excise tax and a 5.75-cent increase in the diesel fuel sales tax starting on November 1, 2017.
  • $16.3 billion from a new annual transportation improvement fee that will take effect on January 1, 2018. This fee will range from $25 to $175 per vehicle based on the value of the vehicle. (For instance, a vehicle valued at less than $5,000 would incur a fee of $25, while a vehicle valued at $60,000 or more would incur a $175 fee.)
  • $200 million from a new annual fee of $100 on all zero-emission vehicles starting on July 1, 2020.

In addition, the base gas and diesel fuel excise taxes, the new transportation improvement fee, and the new zero emissions vehicle fee will be annually adjusted for inflation starting 2020-21.

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May Revision Adds Modest New Resources to Address Federal Actions on Immigration and Other Issues

Aggressive federal enforcement of immigration laws has been an area of particular tension between the new federal administration and California’s state and local governments. The state was home to more than 10.7 million foreign-born residents as of 2015. These include a significant number of undocumented immigrants and their children, who are often US citizens or legal residents. Since the beginning of the Trump Administration, the Governor has been vocal in his support for California’s immigrant residents.

New in the Governor’s May Revision are two modest increases in state resources dedicated to addressing federal actions that affect California’s immigrant residents and state government. The Governor’s May Revision dedicates an additional $15 million General Fund to the Department of Social Services to increase the availability of legal services for people seeking help with naturalization, securing legal immigration status, and defense against deportation. To address federal actions more broadly, the Governor also proposes adding $6.5 million General Fund and 31 positions in the state’s Department of Justice for new legal workload related to various actions taken at the federal level that impact public safety, health care, the environment, consumer affairs, and general constitutional issues.”

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May Revision Makes No New Investments in CalEITC, CalWORKs, SSI/SSP, or Optional Medi-Cal Benefits

Consistent with the Governor’s budget proposal in January, the May Revision proposes no new investments in a number of services and income supports that help Californians with low incomes. The Governor’s revised budget:

  • Proposes no changes to the CalEITC. The California Earned Income Tax Credit (CalEITC) is a refundable state tax credit designed to boost the incomes of low-earning workers and their families and help them afford basic expenses. The credit was established by the 2015-16 budget agreement and became available to claim in the 2015 tax year, providing an average credit of slightly more than $500 to over 385,000 households that year. The May Revision makes no changes to CalEITC credit amounts or eligibility. Also, while the 2016-17 budget agreement included $2 million for education and outreach efforts to increase CalEITC claims, the Governor’s 2017-18 budget does not include funding to continue these efforts beyond the current year, despite evidence that many eligible workers may not be claiming the credit.
  • Makes no new investments in CalWORKs. The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides modest cash assistance for 875,000 low-income children while helping parents overcome barriers to employment and find jobs. The May Revision accounts for increases in CalWORKs grants due to last year’s repeal of the punitive Maximum Family Grant (MFG) or “family cap” rule, but does not propose new increases to CalWORKs grants or time limits, though this would be necessary to reverse cuts made to the program during and after the Great Recession. CalWORKs funding overall is reduced in the May Revision, compared to the Governor’s January budget proposal, due to expected lower costs based on updated projections of caseload and average cost per case.
  • Provides no state COLA 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, food, and other basic necessities. Grants are funded with both federal (SSI) and state (SSP) dollars. Last year, the state approved a 2.76 percent state COLA for the SSP portion of the grant, which took effect in January 2017, but the May Revision does not propose a new state COLA for 2017-18, though the SSI/SSP grant level for single individuals remains below the federal poverty guideline. SSI/SSP grants are still expected to increase modestly in January 2018, however, because the federal government is projected to provide a 2.6 percent COLA to the SSI portion of the grant. SSI/SSP funding overall is reduced in the May Revision compared to the Governor’s January budget due to expected lower costs based on updated caseload and average cost-per-case projections.
  • Does not propose to restore Medi-Cal benefits that state policymakers eliminated during the Great Recession to help close a budget shortfall. Under federal law, certain Medicaid benefits are provided at state option. In 2009, state policymakers eliminated several of these optional benefits from the Medi-Cal program, including adult dental services, acupuncture, audiology, optical services, and certain mental health services. Policymakers later restored acupuncture services and some dental services for adults. Fully restoring the remaining optional benefits would cost $311.1 million ($106.8 million General Fund) in 2017-18, according to the Department of Health Care Services.

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May Revision Proposes No New Funding for Affordable Housing and No New Changes to Cap-and-Trade

Like the Governor’s January budget proposal, the May Revision repeatedly notes the serious effects of California’s housing affordability crisis, including its implications for family budgets, state sales tax revenues, job growth, and inflation. The Governor again highlights the insufficient supply of housing as one of the most serious threats to the state’s economy. At the same time, however, the May Revision — like the January budget proposal — calls for no new state investment in affordable housing. Indeed, the Governor’s revised budget continues to rescind the $400 million set-aside for affordable housing programs in the 2016-17 budget agreement. Allocation of these funds was contingent on lawmakers modifying the local review process for certain housing developments, as outlined in the Governor’s “by-right” proposal from last year, which was not adopted by the Legislature.

The May Revision also makes no change to the January proposal to eliminate the $45 million Housing and Disability Advocacy Program, established in the 2016-17 budget agreement, which was intended to help individuals who are homeless or at risk of homelessness and who have a disability to access appropriate benefits.

Affordable housing is one of the areas slated to receive funding from California’s “cap and trade” program, which sets a statewide limit on the emission of greenhouse gases (GHGs) and authorizes the Air Resources Board to auction off emission allowances, with proceeds invested in activities that seek to reduce GHG emissions. The Governor’s May Revision includes no new proposals related to cap-and-trade relative to his January budget. The January proposal called on the Legislature to confirm with a two-thirds vote the authority of the Air Resources Board to administer the cap-and-trade program beyond 2020, in order to reduce “perceived legal uncertainty” about the program beyond that time. Contingent on this legislative action, the Governor proposed a plan to spend $2.2 billion in cap-and-trade auction proceeds on transit investments, affordable housing, pollution reduction, and other activities to promote environmental sustainability and energy efficiency.

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Among the several executive orders issued by the Trump Administration in its first few weeks was an order to withhold federal funds from “sanctuary cities” that do not cooperate with federal immigration enforcement. Local leaders from a number of California cities have been vocal in declaring their commitment to upholding sanctuary policies. So what could this executive order mean in terms of federal funds withheld from California?

First, it is important to note that there is no legal definition of a “sanctuary city” in the executive order or in existing law. The executive order does reference two ways in which local governments are required or requested to cooperate with federal immigration authorities: sharing information with federal authorities about the immigration status of individuals detained by local law enforcement; and holding detained individuals in jails beyond their regular release date, at the request of federal authorities who wish to prosecute an individual for potential immigration violations and are waiting to obtain a warrant. Sharing of information is currently required by law, while complying with “detainer requests” is legally voluntary.

In California, jails are operated by counties not cities, so “sanctuary counties” is generally the more relevant term. Recently introduced federal legislation proposes a definition of “sanctuary jurisdictions” as states or local jurisdictions that have statutes, policies, or practices that limit or prohibit information sharing or cooperation with detainer requests. Under this definition, all California counties, as well as the state as a whole, could potentially qualify as “sanctuary jurisdictions,” because existing state law limits the extent to which local law enforcement agencies may cooperate with detainer requests in practice. The California Trust Act (Assembly Bill 4 of 2013) prohibits local law enforcement from complying with immigration authority requests to extend the detention of jailed individuals unless the individuals have committed specific serious crimes. Under the Trust Act, local jurisdictions are also allowed to implement their own more restrictive limits on cooperating with detainer requests, including refusing any cooperation. Recently introduced legislation, the California Values Act (Senate Bill 54, De León), would further restrict cooperation with immigrant detention requests, by prohibiting local law enforcement from using any agency or department resources to “investigate, interrogate, detain, detect, or arrest persons for immigration enforcement purposes,” while also prohibiting the detention or transfer of individuals in response to detainer requests when federal immigration authorities do not have a warrant.

While the definition of a sanctuary jurisdiction has yet to be legally set, a separate question raised by the Trump Administration’s executive order is which federal funds sanctuary jurisdictions could potentially lose. The order is somewhat unclear about which funds are targeted to be withheld from sanctuary jurisdictions but could be interpreted to mean any type of federal funding. The implications of withholding all federal funds from California would be huge, as federal funds make up more than one-third of the state budget.

However, legal precedent strongly suggests that the funds the federal government might actually be able to withhold are much more limited. In prior cases, courts have held that the federal government may not withhold funding that is unrelated to the federal interest at hand. This means that federal funds related to immigration enforcement might be able to be withheld from jurisdictions that do not cooperate with immigration authorities, but withholding federal funds for community development, health, education, transportation, or other unrelated purposes on the basis of a jurisdiction’s sanctuary policies would likely be found unconstitutional.

In fact, very little federal funding related to immigration enforcement currently flows to California’s state and local governments. The courts would likely have to determine exactly which federal funds could be considered related to this federal interest, but even the total of all federal funding related to the broad category of criminal justice represents just a small share of state and local government revenues in California.  At the state level, federal funding for all corrections and judicial is less than a quarter of a percent of all federal funds for the state government, less than a tenth of a percent of the total state budget, and less than 1 percent of the state budgets for corrections and judicial proposed for fiscal year (FY) 2017-18, according to California Budget & Policy Center analyses. Of these funds, those specifically for immigration detention total only $50.6 million, or one-five-thousandth of the overall state budget and less than a third of a percent of the state corrections and judicial budgets. Similarly, looking at San Francisco and Los Angeles counties, as two counties with relatively large populations of undocumented immigrants, the total of all federal funds related to any aspect of criminal justice represents a very small share of county budgets. In Los Angeles, federal funds related to corrections or judicial represent less than 3 percent of all federal funds received by the county and less than half a percent of the total county budget for FY 2016-17, while in San Francisco these funds represent less than 1 percent of all federal funds received by the county and less than one-twentieth of a percent of the total county budget.

The question of how much funding could be withheld might be a moot point, moreover. Legal precedent suggests that the executive order might not be enforceable at all, as it could be interpreted as a mandate that state and local governments enforce federal law. The US Supreme Court has repeatedly held that the federal government cannot force states or local governments to enforce federal laws, most recently in the ruling that states could not be forced to participate in the expansion of Medicaid through the Affordable Care Act.

Multiple lawsuits have already been filed by local governments challenging the sanctuary cities executive order on these and other legal bases, including suits filed by San Francisco City and County and Santa Clara County. The courts have not yet responded to these challenges, but local jurisdictions appear to have a strong case. While the final word will have to come from the courts, the available evidence suggests that California is unlikely to face major financial repercussions from this executive order if it upholds or even expands state and local sanctuary policies.

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California Budget Perspective is the Budget Center’s annual “chartbook” publication that takes an in-depth look at the Governor’s proposed state budget.

California Budget Perspective 2017-18 examines the economic and policy context for this year’s budget, highlights what the major shifts at the federal level could mean for this year’s state budget debate, and discusses key components of the Governor’s budget proposal.

Read California Budget Perspective 2017-18.

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Endnotes are available in the PDF version of this Fact Sheet.

Federal dollars support a wide array of public services and systems that touch the lives of all Californians — from Social Security and health care to highway construction and public schools. A large share, but less than a majority, of this federal funding flows through California’s state budget. The Governor’s proposed state budget for 2017-18 — the fiscal year that begins this coming July 1 — includes $105.0 billion in federal funds. This is more than one-third (36.9%) of the total state budget, which also includes nearly $180 billion in state funds for the 2017-18 fiscal year.

More than 7 in 10 federal dollars that flow through California’s state budget — a projected $78.1 billion in 2017-18 — support health and human services (HHS) for children, seniors, and many other Californians. Most of these federal dollars, roughly $67 billion, go to Medi-Cal (California’s Medicaid program), which provides health care services to more than 13 million Californians with low incomes. The second-largest share of federal funding for HHS programs — $7.5 billion — goes to the state Department of Social Services. These funds support child welfare services, foster care, the CalWORKs welfare-to-work program, and other services that assist low-income and vulnerable Californians.

The remaining federal funds that flow through the state budget — a projected $26.9 billion in 2017-18 — support a broad range of public services and systems. This includes $7.5 billion for K-12 education; $6.8 billion for labor and workforce development programs, primarily for unemployment insurance benefits for jobless Californians; $5.2 billion for higher education (the California State University and the University of California); $5.0 billion for transportation, primarily to improve state and local transportation infrastructure; and $2.5 billion for additional public services and systems, including environmental protection, the state court system, and state corrections.

The outcome of the November 2016 national election portends major cuts to federal funding for key public services. For example, Republicans have vowed to repeal the Affordable Care Act (ACA), which would include rolling back the recent expansion of Medicaid coverage to low-income parents and childless adults. This change alone would reduce annual federal funding for Medi-Cal by more than $17 billion. Other services are also at risk, including some that are funded with federal dollars that flow directly to Californians outside of the state budget — such as federal food assistance provided through the state’s CalFresh program and federal Supplemental Security Income (SSI) payments for low-income seniors and people with disabilities. Republicans are likely to succeed in scaling back federal support in a number of policy areas. If so, state policymakers will face difficult choices about how to fill the resulting funding gaps in order to prevent the erosion of public services and systems that promote economic security and opportunity for millions of Californians.

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Supplemental Security Income/State Supplementary Payment (SSI/SSP) grants are a critical source of basic income for well over 1 million low-income people with disabilities and adults age 65 or older in California. Grants are funded with both federal (SSI) and state (SSP) dollars. Currently, the maximum monthly grant for an individual is roughly $896, which consists of an SSI grant of $735 and an SSP grant of $160.72. In order to help close budget shortfalls during the Great Recession, state policymakers made deep cuts to the SSP portion of the grant, reducing it from $233 per month in early 2009 to $156.40 per month by mid-2011. With an improving fiscal outlook, policymakers recently provided a state cost-of-living adjustment to the SSP portion, effective January 2017. However, this modest increase — $4.32 per month for individuals — represents only a small step toward restoring the SSP portion to its pre-recession value. Because state cuts largely remain in place, the full SSI/SSP grant continues to lose ground to housing costs, which have risen throughout much of California in recent years. For example, in every county, the “Fair Market Rent” (FMR) for a studio apartment exceeds 50% of the maximum SSI/SSP grant for an individual. People are at greater risk of becoming homeless when housing costs account for more than half of household income.

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As part of the Policy Perspective Speakers Series, the Budget Center hosted a budget briefing webinar to discuss the new state budget proposal released by Governor Jerry Brown on January 10. The webinar featured this presentation from Budget Center staff, based on our “first look” analysis of the Governor’s proposal.

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Executive Summary

On January 10, Governor Jerry Brown released a proposed 2017-18 budget that reflects both deep uncertainty about looming federal actions and a tempered economic and fiscal outlook for the state. The Governor forecasts revenues that are $5.8 billion lower — over a three-year period — than previously projected and proposes taking steps to address a $1.6 billion projected shortfall for 2017-18. (This gap would be even larger but for the Administration’s assumption that some state General Fund costs will decrease in 2017-18. For example, the Governor proposes to change how the state and counties share the cost of the In-Home Supportive Services (IHSS) program, with the result that the state would save roughly $600 million in 2017-18, while counties’ costs, in the aggregate, would increase by a like amount.) The Governor’s proposal assumes current federal policies and funding levels, even as the Affordable Care Act and other federal programs face the prospect of cuts with President-elect Trump taking office.

As part of addressing the deficit that his Administration foresees, the Governor proposes to rescind several one-year spending commitments that had been part of the 2016-17 budget agreement, including $400 million for affordable housing programs and $300 million for renovation of state office buildings. The Governor also proposes to “pause” a multiyear plan for reinvesting the state’s child care system.

The Governor’s proposal calls for continued funding of the California Earned Income Tax Credit (CalEITC) and also reflects the state’s increased minimum wage. However, this restrained budget proposal contains no additional investments in the welfare-to-work system (CalWORKs) or in basic income support for low-income seniors and people with disabilities (SSI/SSP). In addition, the Governor’s budget does not include proposals to address California’s affordable housing crisis.

The Governor’s proposal continues modest increases in funding for the California State University and University of California, but also reduces certain student aid programs. Lower revenue projections also mean slower growth in the Proposition 98 minimum guarantee for K-14 education spending.

The Governor’s proposal includes setting aside $2.3 billion as constitutionally required by Prop. 2 (2014), with half deposited in the state’s rainy day fund and half used to pay down state debts. Under the Governor’s proposal, state reserves would total $9.5 billion by the end of 2017-18.

With the near-term state budget facing many uncertainties, it is critical that California’s Congressional delegation and state lawmakers seek to protect the Affordable Care Act and the social safety net, and that state lawmakers ensure that California is well positioned to invest over the long term in education, child care, affordable housing, and other public services that help Californians advance economically.

The following sections summarize key provisions of the Governor’s proposed 2017-18 budget. Please check the Budget Center’s website (calbudgetcenter.org) for our latest commentary and analysis.

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

Administration Expects Economic Growth to Continue, but Notes Several Risks
Governor Projects a Budget Shortfall Partly Due to a Lower Revenue Forecast
Governor’s Proposal Emphasizes the Importance of Reserves
Governor Proposes No Changes to the CalEITC
Lower Revenue Estimates Slow Growth in the Minimum Funding Level for Schools and Community Colleges
Administration Continues Modest Funding Increases for CSU and UC and Reduces Student Aid Programs
Governor’s Proposal “Pauses” Modest Reinvestments in Early Care and Education Programs
Proposed Budget Highlights Impact of Proposition 57, Which Provides New Tools for Reducing Incarceration
Proposed Budget Emphasizes the Uncertainty Over the Fate of the Federal Affordable Care Act
Governor’s Proposal Shifts Additional Costs for In-Home Supportive Services to Counties
Governor’s Proposal Does Not Make Any New Investments in CalWORKs
Governor Does Not Provide a State Cost-of-Living Increase for SSI/SSP Grants in 2017-18
Changes to State Retirement Systems Reflected in the Governor’s Budget Proposal
Governor Again Proposes 10-Year Transportation Funding and Reform Package
Administration Acknowledges Housing Crisis, but Proposes No New Funding to Address the Problem
Governor Makes $2.2 Billion Allocation Plan for Cap-and-Trade Revenues Dependent on Legislative Action Affirming Program

Administration Expects Economic Growth to Continue, but Notes Several Risks

The US economy is now in its seventh year of expansion since the Great Recession ended, and California’s economy has grown at a healthy clip in recent years, with the state’s job growth outpacing that of the nation. The Governor’s proposed budget assumes that economic growth will continue at a moderate pace over the next few years given that gains have slowed recently as the expansion has matured and the job market has neared full recovery from the recession. However, the Administration highlights several “risks to consider” that could weaken gains going forward. These include the possibility that the national economy could fall into another recession; that federal policy changes could disrupt the economy; and that California’s ongoing housing crisis could limit economic growth. While it is important to keep these potential risks in mind, it is worth noting that a recession in the next few years is not inevitable. The Administration states that “it would be a historical anomaly for there not to be a recession before 2020” given that the current economic expansion has lasted longer than the typical expansion. However, the Legislative Analyst’s Office (LAO) and other experts have pointed out that this fact does not in and of itself mean that another recession is likely soon because expansions “do not die of old age.”

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Governor Projects a Budget Shortfall Partly Due to a Lower Revenue Forecast

The Governor’s proposed budget projects that California will face a budget shortfall of $1.6 billion in 2017-18, absent action by policymakers to address this gap. The projected deficit reflects two key factors: lower General Fund revenue projections and a shortfall in the Medi-Cal budget for the current fiscal year (2016-17). According to the Administration, state revenues have fallen short of expectations in most months since the 2016-17 budget was enacted. As a result, the Governor now projects that General Fund revenues (before transfers) over the three-year “budget window,” from 2015-16 to 2017-18, will be $5.8 billion lower than the projections included in the 2016-17 budget agreement. Specifically, the Governor expects personal income tax (PIT) revenues during this three-year period to be $2.1 billion lower, sales and use tax (SUT) revenues to be $1.9 billion lower, and corporation tax (CT) revenues to be $1.7 billion lower than expected when the budget for the current fiscal year was signed into law.

By comparison, the LAO forecast, published in November 2016, expected modestly lower revenues in 2015-16 and 2016-17 relative to projections in the 2016-17 budget agreement, but followed by “healthy revenue growth” in 2017-18. One of the major differences between these forecasts is that the LAO assumes higher growth in wages and salaries and capital gains than does the Administration, which contributes to higher PIT revenues, particularly in 2017-18. The LAO’s November forecast projected that the three largest revenue sources (PIT, SUT, and CT) would increase by 5.4 percent between 2016-17 and 2017-18, driven by a nearly 7 percent increase in PIT revenues, which comprise around 70 percent of General Fund revenues.

To address the projected budget shortfall and rebuild the state’s discretionary reserve, the Governor proposes to:

  • Rescind certain one-year spending commitments included in the 2016-17 budget. These include:
  • $400 million set aside for affordable housing programs. These dollars were to be provided only if lawmakers modified the local review process for certain housing developments, as proposed by the Governor. The Legislature did not adopt the Governor’s proposal.
  • $300 million that was intended to begin the process of renovating or replacing certain state office buildings.
  • $45 million for the Housing and Disability Advocacy Program. The purpose of this program, established in the 2016-17 budget, was to help people who are homeless or at risk of homelessness and who have a disability to access appropriate benefits.
  • Delaying a multiyear plan adopted in 2016 to reinvest in the state’s child care and development system, including by updating provider payment rates and further boosting the number of full-day state preschool slots.
  • Beginning the phase out of the Middle Class Scholarship program by not providing grants to any new students.

In addition, the Governor assumes a lower Proposition 98 minimum guarantee in 2015-16 and 2016-17, which reduces K-14 education spending over the two years by about $886 million.

The Administration notes that it is possible that the revenue forecast will improve by the time the Governor releases his revised 2017-18 budget in May, just after California’s final personal income tax receipts come in, in which case the state could possibly avoid making some or all of these cuts. Indeed, the revenue picture will likely remain “murky” until at least April, according to recent LAO publications. The LAO points out that lower-than-expected PIT revenue collections late in 2016 may reflect changes in taxpayers’ behavior in anticipation of potential federal tax changes. Specifically, the LAO suspects that some personal income tax filers with high incomes are deferring capital gains to calendar year 2017 in order to delay tax payments with the hope that they will owe less in taxes if federal policymakers lower tax rates beginning this year.

Under Prop. 2 (2014), which made changes to California’s constitutional rainy day fund — the Budget Stabilization Account (BSA) — the Governor has the authority to declare a “budget emergency” under certain conditions, allowing the state to suspend or reduce annual transfers into the BSA or withdraw funds from the BSA. A “budget emergency” is defined as resulting from either a disaster or extreme peril, as defined in the state Constitution, or from insufficient resources to maintain General Fund expenditures at the highest level of spending in the three most recent fiscal years, adjusted for state population growth and the change in the cost of living. (For a fuller discussion of Prop. 2, see following section.) The Governor’s proposed budget does not indicate whether the projected budget shortfall would constitute a budget emergency as defined under Prop. 2. Were the Governor to declare a budget emergency, it would allow the state to suspend or reduce the deposit into the BSA and/or withdraw reserve funds, freeing up revenue to help close the projected shortfall.

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Governor’s Proposal Emphasizes the Importance of Reserves

California voters approved Prop. 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 percent of estimated General Fund revenues. An additional set-aside is required when capital gains revenues in a given year exceed 8 percent of General Fund tax revenues. For 15 years — from 2015-16 to 2029-30 — half of these funds will be deposited into the rainy day fund, and the other half will be used to reduce certain state liabilities (also known as “budgetary debt”).

The Governor’s proposed 2017-18 budget projects that the BSA will total $6.7 billion by the end of the current fiscal year (2016-17). Based on the Governor’s revenue projections for 2017-18, Prop. 2 would constitutionally require the state to deposit an additional $1.2 billion in the BSA (as well as use $1.2 billion to repay budgetary debt), bringing the BSA total to $7.9 billion by the end of fiscal year 2017-18.

The BSA is not California’s only reserve fund. Each year, the state deposits additional funds into a discretionary reserve called the “Special Fund for Economic Uncertainties.” For 2017-18, the Governor projects $1.6 billion for this fund. Including this fund, the Governor’s proposal would build state reserves to a total of $9.5 billion in 2017-18.

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Governor Proposes No Changes to the CalEITC

The California Earned Income Tax Credit (CalEITC) is a refundable state tax credit designed to boost the incomes of low-earning workers and their families and help them afford basic expenses. The credit was established by the 2015-16 budget agreement and became available to claim in the 2015 tax year. In its first year, the CalEITC provided an average credit of slightly more than $500 to over 385,000 households.

The Governor’s proposed budget makes no changes to the CalEITC. Unlike state EITCs in other states, the CalEITC is not automatically provided each year like a typical tax expenditure. Instead, California policymakers must specify in each year’s state budget how large a credit to provide. Specifically, they must set the state credit at a particular percentage of the federal EITC, referred to as the “adjustment factor.” The 2015-16 budget and 2016-17 budget set the state EITC adjustment factor at 85 percent, and the Governor proposes to maintain the adjustment factor at this percentage in the 2017-18 budget. Additionally, the Governor projects that the CalEITC will reduce state General Fund revenues by $240 million in 2016-17 and by $264 million in 2017-18, slightly more than the $200 million cost of the credit in 2015-16. When the CalEITC was first proposed, the Governor projected that it would reach 825,000 households at a cost — in terms of lower revenues — of $380 million annually. However, because claims in the credit’s first year were considerably lower than expected, the projected cost of the credit is also lower.

Raising awareness of the CalEITC could help boost the number of low-earning workers benefiting from the new tax credit. The 2016-17 budget agreement included $2 million to provide grants to community-based organizations and other entities to expand education and outreach efforts in order to increase CalEITC claims. It does not appear that the Governor’s proposed 2017-18 budget includes any funding to maintain these efforts beyond the current year.

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Lower Revenue Estimates Slow Growth in the Minimum Funding Level for Schools and Community Colleges

Approved by voters in 1988, Prop. 98 constitutionally guarantees a minimum level of funding for K-12 schools, community colleges, and the state preschool program. The Governor’s proposed budget assumes a 2017-18 Prop. 98 funding level of $73.5 billion for K-14 education, $2.1 billion above the revised 2016-17 minimum funding level. The Prop. 98 guarantee tends to reflect changes in state General Fund revenues, and estimates of 2015-16 and 2016-17 General Fund revenue in the proposed budget are lower than those in the 2016-17 budget agreement. As a result, the Governor’s proposed 2017-18 budget reflects decreases in prior-year Prop. 98 funding levels compared to those assumed in the 2016-17 budget agreement. The Governor’s proposed budget assumes a 2016-17 Prop. 98 funding level of $71.4 billion, $506 million less than the level assumed in the 2016-17 budget agreement, and a $68.7 billion 2015-16 Prop. 98 funding level, $380 million below the level assumed in the 2016-17 budget agreement.

California’s school districts, charter schools, and county offices of education (COEs) 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 pays off outstanding obligations to school districts. Voter approval of Prop. 51 in November 2016 authorized $7 billion in state general obligation (GO) bonds for K-12 school facilities. However, the Governor’s proposed budget notes shortcomings in the State Facilities Program and suggests that until measures are in place to verify that state GO bond funds “are appropriately used,” the Administration will not support the expenditure of Prop. 51 dollars. The Governor also proposes to engage stakeholders in discussions during the spring budget process to respond to recommendations made to improve the current special education finance system.

Additionally, the Governor’s proposed budget:

  • Increases funding by $744.4 million in 2017-18 to continue implementation of the LCFF. 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 to increase LCFF funding may reduce the amount of time it takes to fully implement the LCFF, which depends on funding sufficient for all districts to reach a target base grant (all COEs reached their LCFF funding targets in 2014-15). According to the Administration, the proposed 2017-18 LCFF funding level “maintains formula implementation at the current-year level of 96 percent.” In addition, the Governor’s proposed budget defers $859.1 million in 2016-17 LCFF funding to 2017-18 due to a reduction in 2016-17 Prop. 98 funding compared to the 2016-17 budget agreement.
  • Provides $287.3 million in one-time funding to reduce mandate debt the state owes to schools. Mandate debt reflects the cost of state-mandated services that school districts, charter schools, and COEs provided in prior years, but for which they have not yet been reimbursed.
  • Provides $200 million for the Career Technical Education Incentive Grant Program. The proposed spending plan reflects the final installment of a three-year program that began with the 2015 Budget Act.
  • Provides cost-of-living-adjustments (COLAs) for non-LCFF programs. The Governor’s proposed budget funds a 1.48 percent COLA ($58.1 million) for several categorical programs that remain outside of the LCFF, including special education, child nutrition, and American Indian Education Centers.

California’s community colleges (CCCs) help prepare approximately 2.4 million full-time students to transfer to four-year institutions as well as obtain training and skills for immediate employment. The Governor’s proposed budget provides CCCs with $150 million in one-time funding for grants to develop and implement “guided pathways” programs, an institution-wide approach to support student success. Participating CCCs can use guided pathway grants for activities such as targeted advising and support services and designing “academic roadmaps and transfer pathways that explicitly detail the courses students must take to complete a credential or degree on time.”

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Administration Continues Modest Funding Increases for CSU and UC and Reduces Student Aid Programs

The Governor’s proposed budget includes modest increases in General Fund spending for the California State University (CSU) and the University of California (UC), with the expectation that CSU and UC implement new practices that reduce the cost of instruction and expand access to higher education for California students. At the same time, the Governor’s budget proposal notes that the UC Office of the President will propose a 2.5 percent tuition increase to the UC Board of Regents later in January and that the CSU Chancellor’s Office will propose a 5 percent tuition increase to the CSU Board of Trustees in March. The Governor’s proposal notes that these tuition increases would increase the 2017-18 Cal Grant costs for UC and CSU students by $17.7 million and $24.9 million respectively. However, the Governor’s proposed budget does not include funding to pay for these increased costs and states “any tuition increases must be viewed in the context of reducing the overall cost structure at UC and improving the graduation rates at the CSU.”

Specifically, the Governor’s proposed budget:

  • Increases funding for CSU by $161.2 million in 2017-18.
  • Increases funding for UC by $131.2 million in 2017-18. The Governor’s proposal represents a 4 percent increase in funding consistent with the existing agreement between the Administration and the UC President. The Governor’s proposed budget also includes a one-time increase of $169 million in Prop. 2 funds to help pay down unfunded liabilities of the UC Retirement Plan, which reflects the final installment of $436 million provided over a three-year period.
  • Phases out the Middle Class Scholarship Program (MCSP). The Governor’s proposal would provide $74 million to the MCSP in 2017-18, but would only renew scholarships for the approximately 37,000 students who received them in the 2016-17 academic year.
  • Reduces funding for the Cal Grant Program by $76.9 million. The Governor’s proposal would decrease Cal Grants by $24.5 million in 2017-18 and $52.4 million in 2016-17 “to reflect estimated costs.”

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Governor’s Proposal “Pauses” Modest Reinvestments in Early Care and Education Programs

California’s child care and development system is composed of a variety of programs that allow parents with low and moderate incomes to find jobs and remain employed while caring for and preparing children for school. State policymakers dramatically cut support for these programs during and after the Great Recession, and overall funding in the current fiscal year remains nearly 20 percent below pre-recession levels, after adjusting for inflation, even with reinvestments made in recent years. Despite tremendous unmet need, the state currently provides about 70,000 fewer slots than in 2007-08.

The 2016-17 budget agreement called for implementation of a multiyear plan to reinvest in the state’s child care and development system, including by updating provider payment rates in order to keep pace with the state’s rising minimum wage and further boosting the number of full-day state preschool slots. Yet due to the projected decrease in revenue, the Governor’s proposed 2017-18 budget now “pauses” these proposed reinvestments until the 2018-19 fiscal year.

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Proposed Budget Highlights Impact of Proposition 57, Which Provides New Tools for Reducing Incarceration

Currently, more than 129,200 people who have been convicted of a felony offense are serving their sentences at the state level. Most of these individuals — just over 114,000 — are housed in state prisons designed to hold slightly more than 85,000 people. This level of overcrowding is equal to 134 percent of the prison system’s “design capacity,” which is below the prison population cap — 137.5 percent of design capacity — established by federal court order. In addition, California houses roughly 15,200 individuals in facilities that are not subject to the court-ordered population cap, including fire camps, in-state “contract beds,” out-of-state prisons, and community-based facilities that provide rehabilitative services.

The total number of people incarcerated by the state has declined by more than one-quarter since peaking at 173,600 in 2007. This substantial reduction resulted largely from a series of policy changes adopted by state policymakers and the voters in the wake of the 2009 federal court order requiring the state to reduce overcrowding in state prisons.

California voters added a new reform this past November by approving Prop. 57, which gives state officials new policy tools to address ongoing overcrowding in state prisons. Prop. 57 requires parole consideration hearings for state prisoners who have been convicted of a nonviolent felony and have completed the full term for their primary offense. The measure also gives the California Department of Corrections and Rehabilitation (CDCR) — which is part of the Governor’s administration — broad new authority to award sentencing credits to reduce the amount of time that people spend in prison. Prop. 57 requires the CDCR to adopt regulations implementing both of these provisions. In addition, Prop. 57 requires juvenile court judges to decide whether a youth should be tried in adult court.

The CDCR is currently drafting regulations that will implement the new parole process and outline how the Administration will use its new authority to award sentencing credits. With respect to the new parole process, the Governor’s budget summary does not indicate how the new regulations will define a “nonviolent felony offense.” With respect to credits, the summary states that the “current credit-earning structure is convoluted” and suggests that the new regulations will aim to increase the amount of credits earned and “provide more equality in the credit structure.”

The CDCR’s new regulations are expected to be in place by October 1, 2017. The Governor estimates that in 2017-18, Prop. 57 will reduce the number of incarcerated adults by nearly 2,000 below the level that was otherwise projected (130,118). This annual drop in the inmate population is projected to grow to about 9,500 by 2020-21. According to the Administration, the combination of Prop. 57 and other population-reduction measures already in place would allow the CDCR to end the use of out-of-state prison facilities by 2020. Moreover, Prop. 57 would result in estimated net state savings of $22.4 million in 2017-18, rising to about $140 million by 2020-21.

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Proposed Budget Emphasizes the Uncertainty Over the Fate of the Federal Affordable Care Act

The Governor’s proposed budget highlights the uncertainty surrounding the federal Affordable Care Act (ACA), also known as Obamacare. Under the umbrella of the ACA, state policymakers expanded Californians’ access to health care coverage, cutting the state’s uninsured rate in half. President-elect Trump campaigned on repealing the ACA, and Republicans in Congress have begun the process of dismantling the law. However, it is unclear how much of the ACA will ultimately be repealed, when any such repeal would actually take effect, and what the Republicans’ replacement for the ACA — if any — would look like.

California would lose well over $20 billion in federal funding each year if Republicans succeed in repealing two key components of the ACA:

  • The Medicaid expansion. California and 30 other states expanded eligibility for Medicaid health care coverage to low-income adults under age 65 who previously were excluded from the program. (Medicaid is called Medi-Cal in California.) Slightly more than 4 million Californians are expected to be enrolled in Medi-Cal in 2017-18 as a result of this expansion. Moreover, California is projected to receive more than $17 billion in federal funding in the upcoming fiscal year to support health care services for this population, according to the Governor’s budget summary.
  • Federal subsidies for private coverage purchased through online health insurance marketplaces, such as Covered California. Nearly 1.4 million Californians who earn too much to qualify for Medi-Cal but lack access to affordable job-based insurance get their coverage through Covered California. Nearly 9 in 10 of these individuals — 1.2 million — receive federal subsidies to reduce the cost of their coverage, with these subsidies totaling roughly $5 billion per year.

The Governor’s budget summary points out that “a complete repeal of the Affordable Care Act, without a companion replacement program, would not only affect millions of Californians’ health benefits, but would also disrupt the private insurance market.”

In addition, the Governor’s budget proposal:

  • Projects total Medi-Cal enrollment of 14.3 million in 2017-18. This is up from 7.9 million in 2012-13, an increase that is due primarily to California’s full implementation of federal health care reform.
  • Projects total Medi-Cal spending of $102.6 billion in 2017-18, which is comprised primarily of federal dollars. Federal support for Medi-Cal is projected to be $66.8 billion in 2017-18, roughly two-thirds of total funding for the program. State General Fund support for Medi-Cal is projected to be $19.1 billion in the upcoming fiscal year, with other non-federal funds providing the remaining $16.7 billion.
  • Identifies a $1.8 billion General Fund shortfall in the Medi-Cal budget for the current fiscal year (2016-17). According to the Governor’s budget summary, this significant gap is primarily due to “a one-time retroactive payment of drug rebates to the federal government and miscalculation of costs” related to the Coordinated Care Initiative, which coordinates health care and other services for certain seniors and people with disabilities.
  • Uses certain tobacco tax revenues raised by Prop. 56 to fund “increased General Fund health care costs in the Medi-Cal program.” Approved by voters this past November, Prop. 56 increases the state’s excise tax on cigarettes by $2 per pack starting on April 1. The measure also boosts the tax on other tobacco products by an equivalent amount and — for the first time — applies the state excise tax to electronic cigarettes that contain nicotine. Prop. 56 requires that the vast majority of revenues raised by the measure go to Medi-Cal. The Administration projects that Prop. 56 will generate $1.7 billion between April 1, 2017, and June 30, 2018, with $1.2 billion of this amount allocated to Medi-Cal. The Governor does not propose to use any of these new revenues to support payment increases for doctors and others who provide health care services to Medi-Cal enrollees.
  • Assumes that Congress will reauthorize the Children’s Health Insurance Program (CHIP) in 2017, but that the federal share of CHIP funding will be reduced. In California, federal and state funding for CHIP is used primarily to support health care services for certain children enrolled in Medi-Cal. (These children previously would have been enrolled in the Healthy Families Program, which was eliminated in 2013.) Since late 2015, the federal government has paid 88 percent of CHIP costs in California, with the state covering the remaining 12 percent. Previously, the federal share was set at 65 percent. With CHIP currently authorized only through September 2017, the Governor assumes that Congress will reauthorize the program this year, but revert to the prior sharing ratio (65/35) effective October 1, 2017. This change would increase the state’s General Fund costs for CHIP by $536.1 million, according to Administration estimates.

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Governor’s Proposal Shifts Additional Costs for In-Home Supportive Services to Counties

Under the Coordinated Care Initiative (CCI), California integrates health care and other services — including In-Home Supportive Services (IHSS) — for certain seniors and people with disabilities. The Administration indicates that because the CCI is not cost-effective, it will be discontinued in 2017-18, pursuant to current law. One key outcome of discontinuing the CCI is that the counties’ share of the non-federal costs for IHSS would go up (and the state’s share would go down). This is because the current funding formula — which is tied to the CCI and significantly limits counties’ share of IHSS cost increases — would end. In its place, the state would reestablish — effective July 1, 2017 — the prior funding formula, which requires counties to pay 35 percent of the non-federal portion of IHSS costs, with the state paying the other 65 percent. The Administration anticipates that counties would lack sufficient funding to cover their increased share of IHSS costs in 2017-18, likely creating a “financial hardship and cash-flow problems.” As a result, the Governor proposes to “work with counties to mitigate, to the extent possible,” the financial impact of increasing counties’ share of costs for IHSS.

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Governor’s Proposal Does Not Make Any New Investments in CalWORKs

The California Work Opportunity and Responsibility to Kids (CalWORKs) Program provides modest cash assistance for nearly 1 million low-income children while helping parents overcome barriers to employment and find jobs. State policymakers made a historic advance last year when they repealed the punitive Maximum Family Grant (MFG) or “family cap” rule, which only served to drive families with children deeper into poverty. The Governor’s proposed budget does not make any additional investments in CalWORKs, although this would be necessary to restore cuts made to the program during and after the Great Recession. Currently, CalWORKs grants fail to lift most families out of “deep poverty,” which is defined as having an income that is below half of the federal poverty line ($10,080 for a family of three in 2016). With the minimum wage increase scheduled for January 1, 2018, CalWORKs spending is expected to decrease by $5.3 million General Fund as more families earn an income that is above the eligibility limit but far below the level needed to make ends meet.

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Governor Does Not Provide a State Cost-of-Living Increase for SSI/SSP Grants in 2017-18

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, food, and other basic 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. SSP grants for couples and for individuals were reduced to federal minimums in 2009 and 2011, respectively, and the annual state COLA for SSI/SSP grants was eliminated beginning in 2010-11, after being suspended for several years. However, California took a step toward reinvesting in SSI/SSP during the current fiscal year (2016-17). Effective January 1, 2017, the state increased the SSP portion of the grant by 2.76 percent. This raised the monthly SSP grant to $160.72 for individuals (an increase of $4.32) and to $407.14 for couples (an increase of $10.94).

The Governor does not propose to provide a new state COLA for SSI/SSP grants during 2017-18. However, the Administration projects that the federal government will provide a 2.6 percent COLA to the SSI portion of the grant effective January 1, 2018. As a result of the federal SSI COLA:

  • The maximum monthly SSI/SSP grant for individuals would rise from the current level of $895.72 to $915.72 on January 1, 2018. The projected 2018 grant level equals 5 percent of the current federal poverty guideline for an individual ($990 per month).
  • The maximum monthly SSI/SSP grant for couples would increase from the current level of $1,510.14 to $1,539.14 on January 1, 2018. The projected 2018 grant level equals 3 percent of the current poverty guideline for a couple ($1,335 per month).

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Changes to State Retirement Systems Reflected in the Governor’s Budget Proposal

The Governor’s proposed 2017-18 budget incorporates contributions to three state-run retirement systems: the California Public Employees’ Retirement System (CalPERS), the California State Teachers’ Retirement System (CalSTRS), and the Secure Choice Retirement Savings Program that was authorized in 2016.

CalPERS and CalSTRS, like many retirement systems, are not funded at levels that will keep up with future benefits, resulting in the state needing to make higher annual contributions in order to pay down unfunded liabilities. Both systems are evaluating long-term investment assumptions, including the “discount rate” that is used to estimate the level of contributions from the state and employers. The Governor’s proposed 2017-18 budget includes $5.3 billion ($2.8 billion General Fund) for state contributions to CalPERS for state pension costs, and $672 million General Fund for CSU retirement costs. A recent CalPERS Board decision to reduce the discount rate from 7.5 percent to 7.0 percent over the next three years (that is, to adjust downward slightly its expected rate of return on the CalPERS investment portfolio) is reflected in these estimates, resulting in additional state contributions of $172 million ($105 million General Fund) in 2017-18.

The Governor’s proposed 2017-18 budget assumes that CalSTRS will also lower its discount rate, along with changes in other investment assumptions, requiring $153 million in additional state contributions from the General Fund. State contributions to CalSTRS are expected to total $2.8 billion from the General Fund in 2017-18.

In 2016, Senate Bill 1234 created the California Secure Choice Retirement Savings Program, a state-administered retirement savings program for private-sector employees in California who are not provided with retirement savings plans at their workplace. Approximately 6.8 million private-sector workers in California do not have access to a retirement savings plan. Secure Choice provides these workers with a low-cost option for investing in their retirement security. The proposed 2017-18 budget includes a $15 million loan from the General Fund for startup and administrative costs to implement the program, which would be repaid in future years with administrative fees.

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Governor Again Proposes a 10-Year Transportation Funding and Reform Package

California’s expansive transportation infrastructure includes 50,000 lane-miles of state and federal highways, 304,000 miles of locally owned roads, Amtrak intercity rail services, and numerous local transit systems, all of which are intended to facilitate the efficient movement of people and goods across the state. The state’s largest category of deferred maintenance is for its existing transportation facilities.

The Governor’s proposed 2017-18 budget includes a 10-year, $43 billion transportation funding and reform package that would provide $1.8 billion in fiscal year 2017-18. The package was first introduced in 2015 and includes a mix of new revenues, additional investments of “cap and trade” auction proceeds, accelerated loan repayments, and efficiencies in the California Department of Transportation (Caltrans).

The Governor’s 10-year plan would be funded through a series of new revenue sources and redirected savings from efficiencies, including:

  • $2.1 billion from a new $65 fee on all vehicles, including hybrids and electrics.
  • $1.1 billion from the state gasoline excise tax, which would be set at the 2013-14 rate of 21.5 cents, with the broader gasoline tax adjusted annually for inflation.
  • $425 million from an 11-cent increase in the diesel excise tax, adjusted annually for inflation.
  • $500 million in additional cap-and-trade proceeds.
  • $100 million from cost-savings reforms in Caltrans.

It is likely that the new or increased revenue sources would require a two-thirds vote in each house of the Legislature.

These revenues, split evenly between state and local governments, would be used for investments in repairing and maintaining existing infrastructure, particularly state highways, local roads, and public transit.

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Administration Acknowledges Housing Crisis, but Proposes No New Funding to Address the Problem

The Governor’s proposed budget includes numerous references to California’s housing crisis and its implications for families and individuals as well as employers and the economy. The Governor notes that California’s lack of affordable housing means that many people have less income to spend on taxable goods, which weakens sales and use tax revenues — a key revenue source for the state budget. In addition, high and rising housing costs make it harder for employers to attract skilled workers in certain areas of the state, and if businesses cannot relocate to lower-cost areas, the state’s job growth could stall. In fact, the Governor identified the state’s housing crisis as a key threat to the state’s economy over the next few years.

Although the Administration views the housing crisis as one of the major challenges facing California, the proposed budget includes no new funding to address the problem. Instead, the Governor eliminates $400 million set aside for affordable housing programs in the 2016-17 budget agreement. These dollars were to be allocated only if lawmakers modified the local review process for certain housing developments, as proposed by the Governor last year. The Legislature did not adopt the Governor’s so-called “by-right” proposal, and so these funds will not be available for affordable housing. The Governor also eliminates $45 million for the Housing and Disability Advocacy Program, established in the 2016-17 budget agreement. The purpose of this program was to help people who are homeless or at risk of homelessness and who have a disability to access appropriate benefits.

Budget documents state that the Administration is “committed to working with the Legislature on the development of a legislative package to further address the state’s housing shortage and affordability pressures.” However, the Governor makes clear that he is not willing to provide resources through the state budget to finance any solutions, as he states that this legislative package “should not rely on the General Fund.” Instead of proposing concrete solutions, the Governor outlines several principles for housing policy, which include reducing local barriers that prevent, slow down, or drive up the cost of housing developments.

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Governor Makes $2.2 Billion Allocation Plan for Cap-and-Trade Revenues Dependent on Legislative Action Affirming Program

Established by the California Global Warming Solutions Acts of 2006 (Assembly Bill 32), California’s “cap and trade” program sets a statewide limit on the emission of greenhouse gases (GHGs) and authorizes the Air Resources Board to auction off emission allowances. Proceeds from these auctions are invested in activities that seek to reduce GHG emissions.

Since cap-and-trade auctions began in 2012, the state has allocated more than $3 billion in proceeds from them. However, the revenues from individual auctions have varied widely over the past the year, a predicament that the Administration attributes in part to “perceived legal uncertainty” about the program beyond 2020.

The Governor’s budget proposal calls on the Legislature to confirm, by a two-thirds vote in both the State Senate and the Assembly, the Air Resources Board’s authority to administer the cap-and-trade program beyond 2020. Contingent on this legislative action, the Governor proposes a $2.2 billion Cap and Trade Expenditure Plan for 2017-18, with the dollars allocated to high-speed rail and other transit investments, affordable housing, pollution-reduction projects, and other activities aimed to promote sustainability and energy efficiency.

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