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Hidden Consequences of Bad California Budget Deal Earlier This Year Deserve Scrutiny
By David Kersten
With a $10 billion plus budget deficit looming next year, it has been well noted that the 2008-09 budget deal did little to resolve the state’s long term structural budget gap.
But a number of potentially long-lasting consequences of the budget deal have been talked about far less and deserve proper scrutiny because they could make it more difficult to balance the budget in the future.
In a nutshell, the budget agreement includes new sweeping midyear cut authority for the executive branch, a restrictive new state spending cap that was billed as an expansion of the state’s rainy day fund, and new corporate tax breaks that will cost the state more than $1 billion a year. The first two proposals require voter approval, presumably in a June 2009 special election, but the tax breaks are permanent unless reversed by the Legislature or at the ballot box.
All three proposals were carefully crafted by their proponents but were jammed through the Legislature at the last minute without receiving property scrutiny and review. Democratic leaders have vehemently opposed similar proposals in the past but surrendered on all three proposals in one fell swoop—a boon to fiscally conservative Republicans who have fought for a restrictive state spending cap and midyear cut authority for years.
Let’s take a quick look at each proposal.
As a condition for agreeing to sign the 2008-09 budget, Governor Schwarzenegger required the budget agreement to include sweeping new midyear cut authority for the executive branch.
The Director of Finance would be given the power to make up to 7% reductions to a broad range of state programs and services including higher education, health, public safety, and transportation (Prop. 98 education programs are excluded). Cuts could be made if the Director determines that available General Fund resources will decline “substantially” below the estimate of resources available upon which the budget act was based, or that General Fund expenditures will increase “substantially” above the budget estimates.
The Director of Finance is given sole discretion to determine the meaning of the word “substantially” as well as unilateral authority to determine what programs to cut and by how much.
The second proposal was billed as an expansion of the state’s rainy day fund, however, a closer look reveals that it is a restrictive new spending cap that would significantly curtail state spending on vital state programs.
The proposal would require the state to transfer 3% of General Fund revenues into a budget stabilization fund until the balance in the fund reaches 12.5% of General Fund spending (the fund balance is currently capped at 5%).
Beginning in 2010-11, transfers would be required every year unless General Fund revenues are less than the prior year’s General Fund expenditures, adjusted for population growth and per capita personal income growth.
Transfers could be made from the fund in years in which they are not required to be made into the fund, however, one must wonder if the reserve in the rainy day fund would ever be spent in the event of a “rainy day” budget year. According to the California Budget Project, if the proposal was in effect this year it would have forced more than $2 billion in additional spending cuts in 2008-09—a year in which the state faced a $17 billion budget deficit.
This proposal would lock in state spending at a historically low level and have the effect of placing an arbitrary cap on state expenditures that does not account for changing economic circumstances, caseload growth, increasing health obligations for the baby-boom generation, and other demographic factors.
By restricting state spending during tough economic times, the proposal would place greater burdens on working California families, the poor, seniors and the disabled when they can least afford it.
Furthermore, by tying yet more knots in a budget process that is already restrictive, the plan would do nothing to prevent future budget crises.
The expression, “when you are in a hole, the first thing you should do is quit digging” comes to mind when examining the $1 billion in corporate tax giveaways included in the budget agreement.
The budget agreement temporarily suspends two tax breaks for big business—the use of net operating losses and business tax credits—to raise money in 2008-09 and 2009-10 but then grants a series of new breaks beginning in 2010-11. This arrangement is essentially a short term loan to the business community that sets state taxpayers up to pay huge dividends—on the order of $1 billion a year—in the years to come.
Few have closely examined these “hidden consequences” of the budget deal. But on closer examination one must have serious doubts about whether they should be a permanent fixture in the California budget process or not.
David Kersten is an independent consultant who specializes in public policy research and analysis.
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