December 17, 2013 To: VML Key Officials and Local Liaisons From: VML Budget Staff Subject: First look at 2015-2016 budget and changes to current year (2014) Note: This is a brief summary of the governor’s proposed biennial budget and changes to the current 2014 fiscal year (caboose) budget. A more detailed analysis will follow in the coming week. Gov. Bob McDonnell introduced yesterday his last budget to a joint meeting of the Senate Finance, House Appropriations, and House Finance Committees. This budget, which is prepared by the out-going governor, will be managed by the incoming Gov. Terry McAuliffe. Given the time constraints of the legislative process, McAuliffe will have few opportunities to amend his predecessor’s submission. In other words, the new governor is stuck with an “as is” budget. However, the governor-elect’s support for “Obamacare” could change this dynamic, depending on which party controls the Senate and, quite possibly, the party affiliation of the next Attorney General. Local governments will welcome McDonnell’s actions to pump up funding for public education by $583.0 million, continue the commitment to phase-in increases to teacher retirement contributions in order to reduce future unfunded liabilities, dedicate over $31.0 million from last year’s revenue surplus to the Water Quality Improvement Fund, provide an additional $21.3 million to assist local police departments through the “599” program, and deposit $8.0 million to the Virginia Housing Trust Fund and offer another $1.0 million for assisting homeless Virginians. However, local governments will not be pleased to learn that McDonnell proposes to reduce general fund support for public education by over $76.0 million. The administration decided not to recognize for re-benchmarking purposes any inflation for health insurance, utilities, and transportation for the past two-years. McDonnell also chose not to recognize the state’s portion of the unfunded liability tied to teacher retirement. On a statewide basis, roughly 40 percent of the liability should be assigned to the Commonwealth and not to localities. In addition, the administration decided to move ahead with its initiative from last session to establish the Opportunity Educational Institution (OEI) at $600,000 each year, although the legislation faces a stiff judicial challenge. 1 The bottom line is that state general fund support for state-mandated and highpriority programs carried out by local governments will continue to shrink as a portion of the general fund, falling from 52.0 percent in FY 2009 to a projected 43.7 percent in FY 2016. Budget assumes continuing modest economic expansion For the new biennium, general fund revenues are expected to grow 4.2 percent in FY 2015 and 3.9 percent in FY 2016. These figures are based on a new budget paradigm that Virginia’s economy will no longer outperform the nation’s economic growth. The slow rate of job growth over the next three years and federal sequestration are expected to constrain growth in general fund revenue collections. In this fiscal year, total revenues available for general fund appropriations are, thus far, increasing by 0.7 percent, behind the official estimate of 1.7 percent. TAX SOURCE INDIVIDUAL INCOME SALES CORPORATE INSURANCE ACTUAL FY13 6.9% FORECAST FY14 3.7% FORECAST FY15 5.1% FORECAST FY16 4.6% 3.1% (7.3%) 2.5% (4.4%) 0.4% 10.4% 3.1% 2.1% 0.5% 2.6% 0.7% 4.2% The state’s revenue model also predicts flat growth over the next three fiscal years for recordation tax collections. The state’s economic model says the housing market has stabilized but increases in mortgage rates have constrained refinancing activity. Overall budget continues to grow The McDonnell budget weighs in at a record-setting $95.9 billion for the biennium. This breaks down to $58.2 billion in non-general fund spending and $37.7 billion in general fund spending. Non-general fund items include money from federal grants for programs like Medicaid, institutional revenue paid with patient fees at behavioral health institutions and teaching hospitals as well as college tuition and fees, transportation taxes, unemployment insurance dollars, and the master tobacco settlement agreement fund. The $37.7 billion of capital and operating general fund spending is almost 7.4 percent ($2.6 billion) greater than the general fund spending approved last session, but is roughly $1 billion less than general fund dollars appropriated in the 2006-08 biennium. This budget includes $939.6 million in budget cuts comprised of technical and base budget adjustments ($688.9 million) as well as targeted cuts ($250.7 million). Over half of the targeted cuts are in public education at $145.6 million. 2 McDonnell’s spending plans reflect the priorities he articulated to the General Assembly’s money committees. More than $300 million will be deposited to the Rainy Day Fund, increasing the Fund’s balance to $1.0 billion by FY 2016. McDonnell also proposes a $50.9 million unappropriated balance; the largest since unappropriated balance since 1991. The information below provides a “quick read” of some items of interest to local governments. A more detailed accounting of the proposed budgets for the remainder of FY 2012 (the “caboose” bill) and the 2012-14 biennium will be forthcoming. FY2014 (the “caboose”budget) State assistance and transfer payments to local government State assistance to local law enforcement (HB 599 program). No changes to the level of funding approved by the 2013 General Assembly ($172.4 million). Tennessee Valley Authority (TVA) payments. Increases the payments in lieu of taxes by $200,000, bringing the total distribution to $1.4 million for this year. Jail per diem payments. Increases funding by $4.5 million to pay the state share of costs for the remainder of this fiscal year. According to the Compensation Board, this represents approximately half the amount necessary to cover the cost based on revised growth percentages approved by the Inmate Population Forecasting Committee. The Committee will revisit this projection in early January. Economic Development Fort Monroe Authority. Adds $701,620 for operating the Fort Monroe Authority. Board of Elections Recount costs. The budget includes $50,000 to reimburse state agencies for costs connected with the recount for the Attorney General’s race, but contains no funding to reimburse cities and counties for their costs. Compensation and retirement State employee bonus. The budget includes funding for a 2 to 3 percent bonus for state employees, effective Dec. 1, 2014, contingent on agency savings in discretionary spending and revenue growth but there is no funding for bonuses for teachers or state-supported local employees (such as constitutional offices, social services department, etc.). Direct aid to education The budget decreases direct aid to education by $21.9 million, primarily reflecting changes in sales tax collection, student enrollment and participation in incentive, categorical and Lottery-funded programs (including programs such as pre-K and reduced 3 class size). Lottery funds are projected to be $33 million higher in FY14 than included in the current budget. The budget removes $9.3 million from the $70.2 million compensation account, reflecting the fact that around 15 school divisions give the 2 percent salary increase for teachers and other instructional personnel included in the budget, and therefore did not receive the state funding. FY2015 and FY2016 State aid and transfer payments to local governments State assistance to local law enforcement (HB 599). Increases funding to this program by $7.1 million in the first year (total $179.5 million) and by $14.24 million in the second year (total $186.7 million). This is the first appropriation increase for the program since the 2007 Session. As recently as FY2009, the funding level for this program was $197.3 million. Recordation taxes. Maintains the $40 million distribution in each year. Tennessee Valley Authority (TVA) payments. Proposes $1.4 million for each year. Rolling stock taxes. Proposes a funding level of $6.9 million each year. Communications sales and use tax. Maintains a funding level of $440 million each year. Virginia Wireless Tax. Increases the amount to be distributed by $11.8 million in the first year (total of $33 million) and by $14.8 million in the second year (total of $36 million). ABC profits/wine taxes. Although the Code of Virginia still authorizes the sharing of ABC profits/wine taxes with local governments, the state no longer shares any proceeds with local governments. Local fines and fees to be transferred to Literary Fund Deposit of Fines and Fees. Maintains state practice of keeping a certain amount of fines and fees assessed by local ordinances when such fees exceed 50.0 percent of the total state and local collections. Compensation and retirement Salary increases. The budget includes funding for a 2 to 3 percent bonus for state employees, contingent on agency savings in discretionary spending and revenue growth but there is no funding for bonuses for teachers or state-supported local employees (such as constitutional offices, social services department, etc.). The budget funds a 4 percent salary increase for the deputy court clerk I positions; a 2 percent increase for deputy court clerk II positions and for Grade 7 and Grade 8 sheriff’s deputy and regional jail officer positions; and, as the second phase of an initiative begun last year, a salary increase for assistant commonwealth’s attorneys. The Compensation Board has posted detailed information here. 4 Direct aid to education The big number. The budget includes $5.57 billion for direct aid in FY15 and $5.62 billion in FY16. By comparison the direct aid amount in FY14 is $5.3 billion. Here are a few highlights. Rebenchmarking. The budget rebenchmarks most of the costs for public education except in two areas. The budget removes $10 million in each year to pay cost-of-competing for support positions in Northern Virginia school districts. It also eliminates the use of an inflation factor for non-personal services, for a reduction in state spending of more than $24 million a year in the biennium. Nonpersonal services include the costs of items such as utilities, insurance reported in the 2012 Annual School Reports. A true rebenchmarking will apply an inflation factor to bring those 2012 costs up to 2014, the start of the next biennium. This policy change means that the state will be basing its share of costs in FY15 and FY16 for utilities, transportation, utilities and similar items on what those services cost in 2012. This clearly is just a cost shift to localities. Opportunity Educational Institution. The budget includes $600,000 a year for administrative costs of the OEI, funded not through the direct aid section of the budget but as a separate state agency comparable to a college or university. Literary Fund. The budget includes $10 million a year from the Literary Fund for use for school construction loans. Teacher retirement. The budget includes the state share of funding for a 14.50 percent employer teacher retirement contribution rate, in line with the schedule adopted by the General Assembly in 2012 to phase in full funding of the rates certified by the VRS Board of Trustees. The phase-in is to be completed by the 2018-20 biennium. The credit rating agencies have made it very clear that the failure to follow the schedule will jeopardize the state’s credit rating. The current employer rate for teachers is 11.66 percent; a rate of 14.50 percent represents a significant increase, but the failure to fund the higher rate would jeopardize the state’s credit rating, add to the unfunded liability that will be shown on local government financial statements and increase costs down the road. Teacher salary increase. No state funding for a salary increase or bonus for teachers. Natural Resources Grants to localities for stormwater improvements. Authorizes $20 million in bonds in FY 2016 for the Stormwater Local Assistance Fund (SLAF). SLAF grants provide 50 percent matching funds to qualifying locality projects that reduce stormwater pollution. The fund was created and seeded with $35 million in bond proceeds by the 2013 General Assembly. Want to see the budget proposals now? The introduced budget bills are posted on the Legislative Services state budget web site: http://leg2.state.va.us/MoneyWeb.NSF/sb2014 5 The Department of Planning and Budget’s outline and explanation of new items or amendments to the budget (the executive budget) may be seen at this website: http://www.dpb.virginia.gov/ 6