State Budget:
Use of Federal Funds to Balance Budget Is a Tough Sell

Governor Arnold Schwarzenegger, Senate President Pro Tempore Darrell Steinberg and Assembly Speaker Karen Bass were in Washington, D.C. last week seeking $7 billion in federal funds that the governor already has included as revenue to balance his $82.9 billion general fund budget.

According to reports, they were fighting an uphill battle. The view on "The Hill" (D.C.-speak for the small hill the U.S. Capitol sits on) is that the federal government is hemorrhaging red ink with all the new spending initiatives, and it will be difficult to pass a plan favoring a single state.

Drew Hammill, a spokesman for House Speaker Nancy Pelosi, said California already has received tens of billions from the stimulus bill, and "that being said, the federal government is not responsible for the State of California's budget, and we look forward to hearing a sustainable plan for the state to get its house in order." At a meeting, Speaker Pelosi reportedly held open the possibility of aid, but said any aid would not go to a single state.

Congressman Tom McClintock said, "Budget deficits that are made in California need to stay in California, and that goes for the other 49 states as well."

The governor and legislative leaders seemed pleased with their efforts. Governor Schwarzenegger said, "We're going to fight and we're going to work together to get this money."

What happens to the state budget if the federal funds are not forthcoming?

The governor has suggested the following:

Trigger Solutions in 2010-11 Governor's Budget
(2010-11 General Fund Savings, in Millions)

Expenditure Solutions

($3,752)

Eliminate CalWORKS

$1,044

Reduce Medi-Cal eligibility to federal minimum and eliminate some optional benefits

532

Reduce state employee salaries by an additional 5 percent

508

Eliminate IHSS program

495

Redirect additional county savings to benefit the General Fund

325

Eliminate most inmate rehabilitation programs and implement inmate population and other parole changes

280

Eliminate Healthy Families Program

126

Eliminate funding for UC/CSU enrollment growth

112

Eliminate various Proposition 99 programs

115

Reduce trial courts' budget

100

Freeze eligibility and level of awards for CalGrant financial aid

79

Eliminate funding for housing programs for foster youth

36

Revenue Solutions

($2,339)

Extend suspension of net operating loss changes

$1,200

Extend reduction of dependent tax credit

504

Delay implementation of sharing of tax credits

315

Delay single sales factor for corporate taxes

300

Delay changes in carry-back losses for corporations

20

Other Solutions

($847)

Fund existing mental health services with Proposition 63 funds

$847

Total Trigger Solutions

$6,938

Source: Legislative Analyst's Office

What are the chances the Legislature will approve this package? The consensus around town is that this, too, will be an uphill battle, as the Democrats do not want to vote for the expenditure reductions and Republicans are unlikely to vote for the tax increases (which will require a two-thirds vote).

This is not the only problem faced by the governor in securing a balanced budget. Some of the other weak links:

·         Estate Tax May Not Return. The budget assumes that the state will collect $892 million from the estate pick-up tax when President Bush's federal estate tax relief expires in 2011. The legislative analyst points out that a House-passed bill to reauthorize the tax does not include the state pick-up tax.

·         New Revenues: No Proposals. The budget includes $450 million of new revenues for which there are no specific proposals, according to the legislative analyst.

·         Losses From Tax Cuts Not Counted. Revenue losses from the proposed homebuyers tax credit and sales tax exemption for the purchase of "green technology" manufacturing equipment are not reflected in the budget. These proposals could reduce revenues by $210 million to $650 million, depending on the sources of the estimate.

·         Use of Earmarked Early Childhood Funds. The trigger in the budget assumes that the Legislature will place on the June ballot – and voters will approve – a proposal to divert $550 million from earmarked early childhood funds to the general fund. Voters rejected this same proposal in May by a 66 percent "no" to 34 percent "yes" margin.

·         Use of Earmarked Mental Health Funds. The budget assumes the Legislature will place on the June ballot – and voters will approve – the transfer of $452 million earmarked by Proposition 63 for mental health to the general fund. Voters rejected this same proposal in May by 66 percent "no" to 34 percent "yes" margin.

·         New Revenue From Speeding Fines Proposed. The budget anticipates $297 million from fines on motorists. This new revenue would come from a new speed enforcement program, proposed by the governor, that would use cameras to catch speeders. This may or may not be adopted.

·         Insurance Tax Exaction Proposed. The governor is proposing a 4.8 percent surcharge (he calls it a surcharge, others call it a tax) on residential and industrial fire insurance to generate $238 million for the Department of Forestry and Fire Protection. If passed by less than a two-thirds vote, this could be overturned in court as an illegal tax, since homeowners not served by CalFire would be paying the surcharge.

·         Federal Waiver Needed. Several proposed cuts will need federal waivers, such as the $1 billion in savings from changes in the In-Home Supportive Services program that has grown in cost substantially over the last few years.

·         Courts May Interfere With Budget Cuts. The budget proposes $7.6 billion in cuts, including $2.4 billion from reduced Proposition 98 spending, $1.6 billion from employee salary cuts and personnel reductions and an $800 million reduction in prisoner medical costs (from $11,627 per inmate to $5,740 per inmate per year). With the federal court receiver in charge of the prison health care system, can these cuts be made? Developments so far with respect to the 2009-10 budget have seen judges persuaded by the spending lobby's arguments and striking down several budget savings.

·         Property Tax Estimate. The budget is predicated on a property tax assessed value decrease of 2.2 percent in 2010-11. If values fall by a larger percentage, there will be additional general fund costs for school support.

(Sources: Governor's Budget; Legislative Analyst's Office "Overview of the Governor's Budget"; The Sacramento Bee, January 21 and January 22.)

Cal-TaxReports, January 25, 2010

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