OFFICE OF FISCAL ANALYSIS
Legislative Office Building, Room 5200
Hartford, CT 06106 ↓ (860) 240-0200
http://www.cga.ct.gov/ofa
EMERGENCY CERTIFICATION
HB-7061
AN ACT CONCERNING THE STATE BUDGET FOR THE BIENNIUM ENDING JUNE 30, 2017, AND MAKING APPROPRIATIONS THEREFOR, AND OTHER PROVISIONS RELATED TO REVENUE, DEFICIENCY APPROPRIATIONS AND TAX FAIRNESS AND ECONOMIC DEVELOPMENT.
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OFA Fiscal Note
State & Municipal Impact: See Below
Explanation
The bill includes: 1) General Fund appropriations of $18.2 billion in FY 16 and $18.7 billion in FY 17, 2) appropriations in nine funds totaling $19.8 billion in FY 16 and $20.5 billion in FY 17, 3) carry forward funding totaling an estimated $26.1 million, 4) $121.7 million in FY 15 General Fund deficiency appropriations (offset by General Fund appropriation reductions of $121.7 million), 5) $20.4 million in Transportation Fund deficiency appropriations, 6) deficit mitigation measures that reduce the FY 15 deficit by $8.5 million, 7) various policy changes that yield net revenue increases of $821.5 in FY 16 and $691.0 in FY 17, 8) revenue estimates adopted by the Finance Committee on 6/1/15, as adjusted to reflect new policies in this bill; and 9) various other provisions. The table below compares the revenue estimates to the appropriations included in the bill.
Comparison of FY 16 and FY 17 Appropriations to Revenue Estimates
Fund |
FY 16 $ |
FY 17 $ | ||||
Approp. |
Revenue |
Surplus/ (Deficit) |
Approp. |
Revenue |
Surplus/ (Deficit) | |
General |
18,175.6 |
18,181.8 |
6.2 |
18,738.2 |
18,740.2 |
2.1 |
Special Transportation |
1,416.1 |
1,468.1 |
52.0 |
1,496.1 |
1,613.2 |
117.1 |
Other Appropriated |
229.6 |
242.8 |
13.2 |
231.0 |
245.4 |
14.4 |
TOTAL |
19,821.2 |
19,892.7 |
71.4 |
20,465.3 |
20,598.8 |
133.6 |
Appropriations
Sections 1 – 9 include appropriations by agency and line items totaling $19.8 billion in FY 16 and $20.5 billion in FY 17.
Fund Summary of FY 16 and FY 17 Appropriations
|
Legislative | |
Gross Appropriations by Fund |
FY 16 $ |
FY 17 $ |
General Fund |
18,363,669,386 |
18,931,380,389 |
Special Transportation Fund |
1,428,073,382 |
1,508,138,933 |
Banking Fund |
29,636,246 |
29,889,297 |
Insurance Fund |
79,933,789 |
81,351,940 |
Consumer Counsel and Public Utility Control Fund |
26,990,146 |
26,953,593 |
Workers' Compensation Fund |
27,312,126 |
26,982,874 |
Mashantucket Pequot and Mohegan Fund |
61,779,907 |
61,779,907 |
Regional Market Operation Fund |
1,061,237 |
1,067,306 |
Criminal Injuries Compensation Fund |
2,851,675 |
2,934,088 |
Total Gross Appropriations |
20,021,307,894 |
20,670,478,327 |
General Fund Lapses: | ||
Unallocated Lapse |
(93,076,192) |
(94,476,192) |
Unallocated Lapse - Legislative |
(5,028,105) |
(3,028,105) |
Unallocated Lapse - Judicial |
(7,400,672) |
(7,400,672) |
General Employee Lapse |
(7,110,616) |
(12,816,745) |
General Lapse - Legislative |
(39,492) |
(39,492) |
General Lapse - Judicial |
(282,192) |
(282,192) |
General Lapse - Executive |
(9,678,316) |
(9,678,316) |
Municipal Opportunities and Regional Efficiencies Program |
(20,000,000) |
(20,000,000) |
Overtime Savings |
(10,500,000) |
(10,500,000) |
Statewide Hiring Reduction - Executive |
(30,920,000) |
(30,920,000) |
Statewide Hiring Reduction - Judicial |
(3,310,000) |
(3,310,000) |
Statewide Hiring Reduction - Legislative |
(770,000) |
(770,000) |
TOTAL |
(188,115,585) |
(193,221,714) |
Transportation Fund Lapses: | ||
Unallocated Lapse |
(12,000,000) |
(12,000,000) |
TOTAL |
(12,000,000) |
(12,000,000) |
General Fund |
18,175,553,801 |
18,738,158,675 |
Special Transportation Fund |
1,416,073,382 |
1,496,138,933 |
Banking Fund |
29,636,246 |
29,889,297 |
Insurance Fund |
79,933,789 |
81,351,940 |
Consumer Counsel and Public Utility Control Fund |
26,990,146 |
26,953,593 |
Workers' Compensation Fund |
27,312,126 |
26,982,874 |
Mashantucket Pequot and Mohegan Fund |
61,779,907 |
61,779,907 |
Regional Market Operation Fund |
1,061,237 |
1,067,306 |
Criminal Injuries Compensation Fund |
2,851,675 |
2,934,088 |
Total Net Appropriations |
19,821,192,309 |
20,465,256,613 |
Spending Cap
The bill is under the spending cap by $8.1 million in FY 15, $9.0 million in FY 16 and $93.7 million in FY 17. Pursuant to Section 35 of the bill, these calculations reflect a five-year personal income growth rate calculated on a calendar year rather than a fiscal year basis, and assume that appropriations for the unfunded liabilities of the State Employees' Retirement System, Judges, Family Support Magistrates and Compensation Commissioners Retirement System, and Teachers' Retirement System are exempt from being counted as general budget expenditures under the spending cap.
Growth Rate
The FY 16 growth rate for the General Fund is 3.98% over FY 15 estimated expenditures.1 The FY 17 General Fund growth rate is 3.10% over FY 16. See the table below for details on other funds.
FY 16 and FY 17 Budget Growth Rates (by fund – $ in millions)
Fund |
FY 15 Est. |
FY 16 |
FY 16 |
FY 17 |
FY 17 | ||
Expnd. |
Approp. |
Change |
Approp. |
Change | |||
$ |
$ |
$ |
% |
$ |
$ |
% | |
General |
17,480.5 |
18,175.6 |
695.1 |
3.98% |
18,738.2 |
562.6 |
3.10% |
Transportation |
1,341.8 |
1,416.1 |
74.3 |
5.54% |
1,496.1 |
80.1 |
5.65% |
Other Appropriated |
214.5 |
229.6 |
15.1 |
7.03% |
231.0 |
1.4 |
0.61% |
TOTAL |
19,036.7 |
19,821.2 |
784.5 |
4.12% |
20,465.3 |
644.1 |
3.25% |
Fiscal Impact of Sections 10 - 51 are identified below.
FY 15 General Fund Deficiency Appropriations
Sections 52 and 53 result in no net impact to the General Fund as appropriation increases of $121.7 million are offset by reductions of $121.7 million to various agencies and accounts.
Increased General Fund Appropriations
Agency |
FY 15 $ |
General Fund Increases: | |
Department of Emergency Services and Public Protection |
3,680,000 |
Department of Agriculture |
341,000 |
Department of Social Services |
82,000,000 |
Department of Correction |
3,830,000 |
Public Defenders |
4,600,000 |
State Comptroller - Miscellaneous |
10,200,000 |
State Comptroller – Fringe Benefits |
17,000,000 |
Total - General Fund Increases |
121,651,000 |
Detailed descriptions of agency deficiency needs are described below:
Department of Emergency Services and Public Protection - $3.7 million
The agency's projected FY 15 budget shortfall is composed of:
● $4.5 million in Personal Services
This shortfall is partially offset by lapsing funds of $0.8 million in the following accounts:
● $443,000 in Fleet Purchase
● $333,000 in Other Expenses
The $4.5 million projected shortfall in Personal Services arises, in part, from higher than budgeted overtime expenses in the Division of State Police. The Revised FY 15 budget included a $4 million reduction in Personal Services to reflect the implementation of overtime savings in the Division of State Police. While DESPP has recently implemented overtime reduction measures, a delay in doing so has made the target savings unachievable in FY 15. This shortfall is further exacerbated by an FAC transfer of $2.3 million from Personal Services to Other Expenses during April, 2015.
Funding of approximately $443,000 is available in the Fleet Purchase account due to delays in vehicle delivery from the vendor. Similarly, funding of approximately $333,000 is available in Other Expenses to offset the deficiency.
Department of Agriculture (DAG) - $341,000
The agency's projected FY 15 budget shortfall is composed of:
● $350,000 in Personal Services.
This shortfall is partially offset by a $9,000 release of holdbacks in the following account:
● $9,000 in Personal Services.
The projected shortfall in the Personal Services (PS) account is driven by a transfer from the PS account to the Other Expenses (OE) account associated with unanticipated costs related to neglected animal seizures. The May 7, 2015 Finance Advisory Committee (FAC) transferred $300,000 from PS to OE, and a prior transfer of $50,000 was also made from PS to OE (totaling $350,000) during FY 15. On January 16, 2015 the Department of Agriculture (DAG) seized 74 goats and currently there are approximately 90 goats under the care and control of the agency. FY 15 costs to care for the goat herd (including veterinary and laboratory services, waste and maintenance costs, prescription medicine costs, equipment, and feed) at the agency's "Second Chance" Large Animal Rehabilitation Facility, total approximately $344,600 as of April 28, 2015.
Department of Social Services (DSS) - $82 million
The agency's projected FY 15 budget shortfall is composed of:
● $82 million in Medicaid
The $82 million projected short fall in the Medicaid account is due to the following factors:
Enrollment growth in the Medicaid program continues to be strong. There were 21.6% more cases in March, 2015 than in March, 2014. This caseload growth has led to expenditures in excess of budgeted assumptions in many categories of service. Of particular note, pharmacy expenditures continue to track 12.5% above the budgeted assumptions through the first half of the fiscal year;
DSS made a $42.9 million retroactive hospital payment in November (with additional obligations anticipated prior to the end of the fiscal year);
Re-estimates for the federal cost share for the Affordable Care Act expansion population has resulted in anticipated state expenditures of approximately $13 million; and
FAC 2014-32 transferred $10 million out of the Medicaid account to the Connecticut Children's Medical Center account.
Department of Correction (DOC) - $3.8 million
The agency's projected FY 15 budget shortfall is composed of:
● $6.9 million in Personal Services.
The deficiency bill addresses $4.9 million of the projected shortfall and the remaining $2 million will be addressed by an expected transfer from the Reserve for Salary Adjustment account.
The $6.9 million projected shortfall in Personal Services account is due to 1) the FY 14 deficiency remaining unfunded, 2) an increase in hazardous duty retirement of approximately 150% over FY 13, 3) the April 2, 2015 FAC transfer of $4.9 million from the Personal Services account to the Other Expenses account and the Workers' Compensation Claims account to offset deficiencies in those accounts.
The FY 14 deficiency was mostly a result of higher than budgeted use of overtime due to an 80% increase in hazardous duty retirements from the previous year. In addition, retirements in FY 15 have increased approximately 65% over FY 14. The total growth in Correction Officer hazardous duty retirement since FY 13 is approximately 150%.
Public Defenders - $4.6 million
The agency's projected FY 15 budget shortfall is composed of:
● $4.6 million in Personal Services.
This shortfall is partially offset by:
● $1.2 million release of rescissions
● $173,746 release of holdbacks
The projected shortfall of $6 million in the Personal Services account (11.% of the appropriation) is due to: 1) the March 5, 2015 FAC approval of transferring $5 million from the Personal Services to the Assigned Counsel – Criminal and Expert Witnesses account, 2) rescissions to this account totaling $1.2 million, and 3) greater than anticipated accumulated leave payments.
The March 2015 FAC transferred $4.7 million to the Assigned Counsel – Criminal account. The original shortfall in the Assigned Counsel – Criminal account (as referenced in HB 6825) is due to PA 12-115, An Act Concerning Habeas Reform, which reduced the time in which a habeas petition can be filed, which in turn has resulted in an influx of habeas petitions received by the agency. Habeas petitions have almost doubled since the legislation passed. Previous to the legislation, the agency averaged 25 petitions per month, or 300 per year. Since the legislation passed, the agency has averaged 50 petitions per month, or 600 per year. The cost per case can vary significantly depending on the complexity of the appeal but is usually between $3,000 and $10,000 per case.
The March 2015 FAC transferred $310,000 to the Expert Witnesses account. Funds in this account are used, in part, to support habeas cases, which have increased significantly, as explained above.
The agency is anticipating greater accumulated leave payments than budgeted. In FY 14, accumulated leave payments totaled $308,086. In FY 15, it is anticipated that accumulated leave payments will total approximately $537,000.
Office of the State Comptroller - Adjudicated Claims - $10.2 million
The agency's projected FY 15 budget shortfall is composed of:
● $10.2 million in Adjudicated Claims.
The projected shortfall in the Adjudicated Claims account is due to (1) higher than anticipated claims costs and (2) two settlements for wrongfully convicted individuals in the amount of $6 million and $900,000, payable in FY 15. The projected shortfall represents 71% of total FY 15 projected expenditures.
Office of the State Comptroller - Fringe Benefits - $17 million
The agency's projected FY 15 budget shortfall is composed of:
● $29.7 million in Retired State Employees' Health Service Costs.
This shortfall is partially offset by lapsing funds of $12.9 million in the following accounts:
● $9.2 million in Higher Education Alternative Retirement System;
● $2.8 million in Unemployment Compensation;
● $609,000 in Group Life Insurance; and
● $93,000 in Pensions and Retirement –Other Statutory.
The projected shortfall in the Retired State Employees' Health Service Costs account is due to various factors. First, an increase of 9.8% for retirees under 65 and 5% for Medicare eligible retirees in prescription drug costs over what was assumed in the FY 15 budget, including coverage for a new Hepatitis C treatment approved by the FDA this year (estimated cost per 12-week regimen is approximately $94,500). In addition to the new Hepatitis C treatment, compound drugs and costly brand name specialty drugs (for which there is not a generic alternative) are also driving the increase in prescription costs. Secondly, the shortfall in the Retired Employees' Health Services account is also being driven by an increase of approximately 3,000 retirees over what was assumed in the FY 14 and FY 15 biennial budget. The Revised FY 15 budget was not adjusted for the increase in the retiree population experienced in FY 14. Lastly, a reduction in the federal subsidy rates for participating in the Employer Group Waiver Program (which offset Medicare retiree state health costs) resulted in a reduction in FY 15 of approximately $6.9 million over what was assumed in the budget.
Funding is available in the Higher Education Alternative Retirement System (ARP) account, predominately due to the distribution of General Fund funded employees and expenditures being less than was anticipated, due to a shift to funding SERS higher education employees versus ARP employees out of the General Fund. In addition, funding is available in the Unemployment Compensation account, Group Life account and the Pensions – Other Statutory account (which predominately funds pensions for retired Governors) due to personnel and claims expenditures (for unemployment compensation) being less than anticipated for FY 15.
FY 15 General Fund Appropriation Reductions
Section 53 reduces appropriations to General Fund agencies by $121.7 million. The table below reflects the impact of the appropriation reductions contained in section 53 of the bill.
General Fund Appropriation Reductions
Agency |
FY 15 $ |
General Fund Reductions: |
|
Department of Developmental Services |
(7,548,000) |
Department of Social Services |
(2,000,000) |
University of Connecticut |
(7,388,000) |
University of Connecticut Health Center |
(4,183,000) |
Board of Regents for Higher Education |
(7,321,000) |
Debt Service – State Treasurer |
(88,141,000) |
State Comptroller – Fringe Benefits |
(4,270,000) |
Department of Administrative Services - Workers' Compensation Claims |
(800,000) |
Total - General Fund Reductions |
(121,651,000) |
Department of Developmental Services (DDS) - $7.5 million
Funding is reduced in the following account:
● $7.5 million in Personal Services.
The Personal Services funding requirements reflect that the budgeted lapses (holdbacks) and Governor's November, January and April rescissions totaling $7.5 million are released. The Personal Services lapse is due to a combination of separations of staff, retirements and delays in refilling vacant positions.
Debt Service - State Treasurer - $88.1 million
Funding is reduced in the following account:
● $88.1 million in General Fund Debt Service.
OFA's estimated FY 15 lapse for the General Fund debt service account as of May 26, 2015 is $88.1 million. As shown in the table below, the lapse estimate includes debt service adjustments for: (1) the difference between issuance assumptions and actual issuance of GO bonds, (2) bond premiums2, (3) anticipated future savings for the remainder of the fiscal year, and (4) the FY 15 refinancing of Economic Recovery Notes (ERNs) that were originally issued to fund the 2009 General Fund operating budget deficit.
OFA FY 15 Debt Service Lapse Estimate (in millions)
Description |
Amount $ |
Differences in issuance assumptions |
(44.4) |
Premiums |
(79.9) |
Refunding Savings |
(9.7) |
Savings on fees, arbitrage rebate and other sources |
(9.6) |
Economic Recovery Note refinancing and retirement |
55.5 |
TOTAL |
(88.1) |
Department of Social Services (DSS) - $2 million
Funding is reduced in the following accounts:
● $2 million in Personal Services; and
The $2 million in Personal Services is available due to rescissions.
Office of the State Comptroller - Fringe Benefits - $4.3 million
Funding is reduced in the following accounts:
● $2.5 million in Employers' Social Security Tax;
● $906,000 in Higher Education Alternative Retirement System;
● $432,000 in Unemployment Compensation; and
● $432,000 in Group Life Insurance.
Funding is available in the Employers' Social Security Tax account, Higher Education Alternative Retirement System account, Unemployment Compensation account and the Group Life Insurance account due to rescissions.
University of Connecticut Health Center - $4.2 million
Funding is reduced in the following account:
● $4.2 million in Operating Expenses.
Funding is available in the Operating Expenses account due to the initial budget holdback of $486,252 and rescissions in November, January and April totaling 3,697,730.
University of Connecticut (UCONN)- $7.4 million
Funding is reduced in the following account:
● $7.4 million in Operating Expenses.
Funding is available in the Operating Expenses account due to the initial budget holdback of $822,896 and rescissions in November, January and April totaling $6,565,434.
Board of Regents for Higher Education (BOR)- $7.3 million
Funding is reduced in the following account:
● $7.3 million in Operating Expenses and Transform CSCU.
Funding is available in the Operating Expenses account due to the initial budget holdback of $560,868 and rescissions in November, January and April totaling $6,761,292.
Department of Administrative Services - Workers' Compensation Claims - $800,000
Funding is reduced in the following account:
● $800,000 in Workers' Compensation Claims.
Funding is available in the Workers' Compensation Claims account due to rescissions.
FY 15 Transportation Fund Deficiency Appropriations
Section 54 results in Transportation Fund increases of $20.4 million, with no reduction offsets. The increased appropriations in the Transportation Fund are described in detail below.
Increased Transportation Fund Appropriations (in millions)
Agency |
FY 15 $ |
Transportation Fund Increases: | |
Department of Transportation |
18,000,000 |
State Comptroller – Fringe Benefits |
2,400,000 |
Total - Transportation Fund Increases |
20,400,000 |
Department of Transportation (DOT) – Transportation Fund - $18 million
The agency's projected FY 15 budget shortfall is composed of:
● $13.6 million in Personal Services; and
● $4.4 million in Rail Operations.
The $13.6 million projected shortfall in the Personal Services account is driven by higher than budget overtime costs for storms and the March 5, 2015 FAC transfer of $10.7 million from Personal Services to Other Expenses. This transfer was to cover a shortfall in the Other Expenses account due to higher than budgeted storm related costs for snow and ice removal. DOT's snow and ice removal budget is based on an average of 12 storms per year, and to date there have been approximately 18 storms. The price of road salt has increased by 24%, and due to the severity of the storms, DOT has been using more contractor trucks. Also, per union contract, employees that work certain hours beyond the regularly scheduled day must have meals provided which has exceeded budgeted amounts. Due to winter storm costs funding is needed for the following reasons; 1) $8.8 million from higher than average storm costs for road salt, material and contractual services, 2) $1.9 million for equipment maintenance and repair of the department's fleet. Currently, 280 of DOT's 632 truck fleet, or 45% are past the 12 year useful lifecycle.
The $4.4 million projected shortfall in the Rail Operations account is driven by the costs associated with the Metro North Rail line. DOT received an unanticipated notification from Metro North of a pending settlement between the Metropolitan Transit Authority (MTA) and the Long Island Railroad workers regarding back wages to 2010. This settlement, and also the costs of ongoing safety initiatives to be implemented in accordance with regulatory authorities have resulted in a projected shortfall in this account.
Office of the State Comptroller - Fringe Benefits - Transportation Fund - $2.4 million
The agency's projected FY 15 budget shortfall is composed of:
● $2.9 million in State Employees' Health Service Costs.
This shortfall is partially offset by lapsing funds of $0.5 million in the following accounts:
● $490,300 in Employers' Social Security Tax;
● $37,000 in Unemployment Compensation; and
● $22,000 in Group Life Insurance.
The projected shortfall in the State Employees' Health Service Costs account within the Special Transportation Fund is due to expenditures being 9.4% higher than anticipated for employees of the Departments of Transportation (DOT) and Motor Vehicles (DMV), partially driven by higher than anticipated payroll fringe benefit transactions. Average monthly expenditures are 4.7% higher than the period July through April in FY 14.
Funding is available in the Employers' Social Security Tax account, the Unemployment Compensation account and the Group Life account due to DOT and DMV personnel and claims expenditures (for unemployment compensation) being less than anticipated for FY 15.
FY 15 Deficit Mitigation Plan
Section 55 transfers a total of $8.5 million into the General Fund in FY 15. OFA's projected FY 15 General Fund deficit is $189.5 million. As a result, the bill reduces OFA's FY 15 deficit figure from $189.5 million to $181 million. See below for detail.
Section 55(a) transfers $2.5 million from the private occupational school student protection account within the Office of Higher Education (OHE), and credits this amount to the resources of the general fund for the fiscal year ending June 30, 2015. The current available balance in this account is approximately $5.7 million.
Section 55(b) transfers $2.25 million from the Citizens Election Fund (CEF) and credits this amount to the resources of the General Fund for the fiscal year ending June 30, 2015. The current available balance in the CEF is approximately $9.9 million.
Section 55(c) transfers $750,000 from the Judicial Data Processing Revolving Fund account within the Judicial Department, and credits this amount to the resources of the general fund for the fiscal year ending June 30, 2015. The current available balance in the account is approximately $1.4 million.
Section 55(d) transfers $3 million from the School Bus Seat Belt account within the Department of Motor Vehicles (DMV), and credits this amount to the resources of the general fund for the fiscal year ending June 30, 2015. The current available balance in this account is approximately $5.3 million.
Revenue
Sections 56 - 182, 216 – 220 include various revenue provisions and are identified below:
Summary of General Fund Revenue Changes by Revenue Source
(in millions)
Revenue Source |
FY 16 $ |
FY 17 $ |
FY 18 $ |
FY 19 $ |
FY 20 $ |
Personal Income |
208.3 |
233.9 |
242.3 |
252.5 |
265.1 |
Sales and Use |
(98.6) |
(258.9) |
(427.9) |
(443.7) |
(460.6) |
Corporations |
281.8 |
222.8 |
200.3 |
162.8 |
147.8 |
Insurance Companies |
22.7 |
22.7 |
- |
- |
- |
Inheritance and Estate |
(4.0) |
(8.0) |
(8.0) |
(8.0) |
(8.0) |
Cigarettes |
24.5 |
42.8 |
37.6 |
35.3 |
33.2 |
Oil Companies |
- |
- |
(7.1) |
(41.0) |
(58.1) |
Alcoholic Beverages |
0.5 |
0.5 |
0.5 |
0.5 |
0.5 |
Health Provider |
224.8 |
229.8 |
229.9 |
230.0 |
230.1 |
Admissions and Dues |
(0.4) |
(0.4) |
- |
- |
- |
Miscellaneous Taxes |
(0.1) |
(0.1) |
(0.1) |
(0.1) |
(0.1) |
Earned Income Tax Credit |
11.0 |
11.0 |
- |
- |
- |
Total Taxes |
670.5 |
496.1 |
267.5 |
188.4 |
150.0 |
Licenses, Permits and Fees |
2.7 |
2.3 |
2.3 |
2.3 |
2.3 |
Miscellaneous |
2.5 |
2.5 |
2.5 |
2.5 |
2.5 |
Transfer Special Revenue |
13.6 |
30.0 |
30.0 |
30.0 |
30.0 |
Total Other Revenue |
18.8 |
34.8 |
34.8 |
34.8 |
34.8 |
Federal Grants |
(40.4) |
(45.9) |
(48.3) |
(50.9) |
(46.2) |
Transfer from Tobacco Settlement |
17.0 |
17.0 |
6.0 |
6.0 |
6.0 |
Transfers From/To Other Funds |
155.6 |
189.1 |
118.2 |
118.2 |
118.2 |
Total Other Sources |
132.2 |
160.2 |
75.9 |
73.3 |
78.0 |
TOTAL GENERAL FUND |
821.5 |
691.0 |
378.2 |
296.4 |
262.8 |
Revenue Impact (in millions)
In order to administer the tax provisions of the bill, the Department of Revenue Services (DRS) would need nine additional staff members and associated expenses. The annualized cost of these new positions, including expenses and fringe benefits, is approximately $810,187 (included in section 1of the bill). In addition, one-time costs to update the online Taxpayer Service Center and internal Integrated Tax Administration System as well as tax form alteration and printing costs of approximately $420,000 would be incurred in FY 16 (included in Section 1 of the bill).
The bill makes several policy adjustments not reflected in the revenue schedule adopted by the Finance, Revenue, and Bonding Committee on June 1, 2015. The table below provides the policy adjustments and the updated General Fund balance for the FY 16 – FY 17 biennium:
Policy Revisions Post FRB Revenue Adoption (in millions)
|
FY 16 $ |
FY 17 $ |
Starting Balance - FRB |
2.4 |
0.9 |
Policy Revisions | ||
Reduce the property tax credit from $300 to $200 in FY 17. |
(48.0) |
- |
Reduce Sales and Use Tax rate from 3.0% to 2% in FY 16 for services related to web sites that are part of the World Wide Web. |
(19.9) |
- |
Reduce the Sales and Use Tax rate for computer and data processing services from 3% to 2% in FY 16. |
(7.8) |
- |
Increase the tax on cigarettes by $0.25 in FY 16 and $0.50 in FY 17. Implements a floor tax on cigarettes. |
24.7 |
43.2 |
Transfers the Municipal Revenue Sharing Account balance to the Resources of the General Fund. |
12.7 |
- |
Adjust the transfer of FY 16 Resources to FY 17. |
42.1 |
(42.1) |
Ending Balance |
6.2 |
2.1 |
Further information on the Budget Reserve Fund Provisions
Beginning in FY 19, the bill establishes a transfer of General Fund (GF) revenue to the Budget Reserve Fund (BRF) and the State Employees Retirement Fund (SERF), which is determined by a statutory formula. This results in a potentially significant diversion of revenue from the GF to the BRF and SERF in FY 19 and annually thereafter.3
In order for a revenue transfer to be triggered, total “combined revenue”4 must be in excess of a calculated threshold based on the average difference (as a percentage) between actual revenue and the ten year average. The bill allows for the threshold to be adjusted for changes in tax policy that impact the corporation business tax or the personal income tax.
Based on historical data, the transfer of GF revenue to the BRF and SERF may exceed $800 million in a fiscal year. The table below compares actual deposits into the BRF to deposits that would have occurred under the provisions of the bill.
Comparison of Historical BRF Transfers to Formula
FY |
Actual Deposit into BRF $ |
Transfers as Calculated Under the Bill $ |
04 |
302,200,000 |
24,557,248 |
05 |
363,900,000 |
433,646,700 |
06 |
446,500,000 |
697,097,504 |
07 |
269,200,000 |
815,841,033 |
08 |
- |
818,479,382 |
09 |
- |
- |
10 |
(1,278,500,000) |
- |
11 |
(103,200,000) |
- |
12 |
93,500,000 |
74,994,072 |
13 |
177,200,000 |
200,364,682 |
14 |
248,500,000 |
- |
The breakout of the transfer from the GF to the BRF or SERF varies based on the amount of funds currently in the BRF relative to total GF appropriations, which is illustrated in the table below.
BRF and SERF Diversions Calculation
BRF Balance / Appropriations |
Budget Reserve Fund |
State Employees Retirement Fund |
0 to 5% |
95% |
5% |
5 to 10% |
90% |
10% |
10 to 15% |
85% |
15% |
Greater than 15% |
0% |
100% |
The ongoing fiscal impact identified above would continue into the future subject to the degree in which actual revenues exceed the threshold calculated by the formula. The bill also increases the maximum amount allowed to be in the BRF from 10% to 15% of appropriations. This allows for additional funds to be transferred from the GF to the BRF.
Property Tax Reform
Sections 183 – 215: 1) change the reimbursement rates, and the basis for determining those rates, for the State Property PILOT and College & Hospital PILOT grant programs; 2) cap the motor vehicle mill rate at 32 in FY 17 and 29.36 in FY 18 and annually thereafter; 3) distribute a portion of sales tax revenue to municipalities; and 4) establish an optional commercial property tax revenue sharing system for regional councils of government. Below is a description of the fiscal impact of each section:
Changes to PILOT Grants
The revenue gain to municipalities associated with this portion of the bill will vary based on grand list and mill rate data that municipalities have not yet finalized. For FY 17, the first year the bill takes effect, the bill specifies the distribution of $46.4 million to municipalities. This funding is equal to the increased funding towns would have received if the bill was in effect in FY 15.
Costs in the out years will vary based on continued changes in municipal grand lists and mill rates. As municipal mill rates and grand lists tend to increase over time, costs in the out years could be significantly higher than the cost in FY 15.
The bill freezes at FY 15 levels the portion of each town's Pequot grant that is dependent on its State Property PILOT and College & Hospital PILOT payments. This precludes any changes in a town's Pequot grant that would result from changes to either of its PILOT grant payments.
Motor Vehicle Tax Cap
The bill caps each town's motor vehicle mill rate at 32 in FY 17, and 29.36 in FY 18 and annually thereafter. If these caps had been in place in FY 14, it is anticipated that, at a cap of 32, 33 municipalities would have lost $59.1 million and, at a cap of 29.36 mills, 57 municipalities would have lost approximately $82.6 million in revenue.
The bill also requires special taxing districts to reduce their mill rates such that, when their mill rates are combined with their host municipality's mill rate, the total mill rate for the town, plus the taxing district is below the mill rate cap.
It is estimated that, in FY 14, at least nine taxing districts would have lost $1.3 million as a result of a mill rate cap of 32. It is estimated that at least 15 special taxing districts would have lost $2.7 million, with a FY 14 mill rate cap of 29.36.
Sales Tax Distribution
The bill diverts a portion of sales tax revenue ($158.6 million in FY 16 and $276.9 million in FY 17) to the Municipal Revenue Sharing Account.
Due to the timing of payments, this results in a FY 17 revenue gain of $224.4 million to municipalities and $3.0 million to regional councils of government. In FY 18, it is estimated that municipalities will receive $285.7 million and regional councils of government will receive $$7 million.
This funding will be provided to: 1) ensure that municipalities are held harmless that experience a revenue loss as a result of the motor vehicle mill rate cap established by the bill; 2) fund the additional cost of the State Property PILOT and College & Hospital PILOT, beyond appropriated amounts; 3) provide funding of $10 million in each of FY 16 and FY 17 for supplemental Education Cost Sharing grants; and 4) provide additional funding to municipalities, distributed according to a formula established by the bill (the additional FY 17 funding is specified by the bill, however).
Beginning in FY 18, the bill requires that a portion of the grant a municipality receives under this provision of the bill be reduced in the event that municipal spending growth exceeds 2.5%, or inflation (whichever is greater) based on the two prior years. The portions of the grant intended to: 1) provide additional PILOT funds; 2) offset the revenue loss from the motor vehicle mill rate cap; and 3) provide supplemental ECS funding are not subject to this reduction.
Grand List Growth Sharing
The bill allows each regional council of government (COG) to establish a property tax base sharing program under which its member municipalities share property tax revenues generated by the growth in their commercial and industrial property tax bases.
Under the bill's provisions, towns would remit a payment to their COGs equal to 20% (or less) of net commercial and industrial grand list growth, divided by 1,000, and multiplied by the regional mill rate. For example, if a participating town's commercial and industrial grand list grew by $1 million, it could remit a payment of up to $6,000 to its COG (assuming a regional mill rate of 30).
The bill then establishes a formula for calculating the municipal commercial and industrial mill rate (for any participating municipality). The mill rate is intended to raise enough revenue to offset the payment to the COG.
Impact of Various Other Sections
Sections 108 to 111 create a new regulatory system for electronic nicotine delivery system dealers and manufacturers. This results in a cost to the state of $351,093 in FY 16 and FY 17. The Department of Consumer Protection (DCP) would require a Drug Control Agent (liquid nicotine is classified as a drug), a License and Applications Analyst, a Processing Technician and a Staff Attorney to perform background checks, process applications, and investigate and act upon complaints. The costs include $248,174 in salaries, $95,919 in fringe benefits and $7,000 in other expenses and equipment. These costs are not included in Section 1 of the bill.
Section 217 results in a state cost of $139,658 (included in section 1) in each of FY 16 and FY 17 and a revenue gain to the state of $112,500 in FY 16 and $75,000 (as identified in the above revenue table) in FY 17 by creating an above ground swimming pool installer license along with regulatory responsibility for such licensees within DCP.
It is estimated that as many as 2,500 above ground pools are installed in Connecticut each year. This section would result in an estimated issuance of 750 licenses. The initial license fee is $150 with a $100 yearly renewal fee.
The volume of licensees and anticipated consumer complaints for faulty workmanship require a DCP Inspector ($59,737) and a DCP Inspection Aide ($37,384) along with associated Other Expenses/Equipment ($5,000) and fringe benefits ($37,537).
Section 218 repeals the Palliative marijuana administration account and requires the transfer of $425,563 in FY 16 and $445,341 in FY 17 and five corresponding positions from the Palliative Marijuana Administration account to the General Fund. Fees associated with palliative marijuana would be deposited in the General Fund rather than Palliative Marijuana Administration account (see revenue table above).
The Out Years
With the exception of the one-time policies noted above, the annualized ongoing fiscal impacts identified above would continue into the future subject to inflation.
The table below reflects the projected expenditures for FY 18 – FY 20 based on the FY 16 and FY 17 budget.
Projected Expenditures FY 18 – FY 20 (in millions)
Fund |
Appropriations |
Projected | |||
FY 16 $ |
FY 17 $ |
FY 18 $ |
FY 19 $ |
FY 20 $ | |
General |
18,175.6 |
18,738.2 |
19,917.1 |
20,571.9 |
21,434.3 |
Special Transportation |
1,416.1 |
1,496.1 |
1,568.9 |
1,601.5 |
1,636.1 |
Other Appropriated |
229.6 |
231.0 |
237.6 |
244.6 |
251.9 |
TOTAL |
19,821.2 |
20,465.3 |
21,723.6 |
22,418.0 |
23,322.3 |
Growth Rates |
4.12% |
3.25% |
6.15% |
3.20% |
4.03% |
Over/(Under) Spending Cap |
(9.0) |
(93.7) |
349.7 |
393.3 |
382.3 |
The table below compares the revenue estimates to the projected expenditures for FY 18 – FY 20 based on the FY 16 and FY 17 budget.
FY 18 – FY 20 Fund Balance (in millions)
|
Fund |
FY 18 $ |
FY 19 $ |
FY 20 $ | ||||||
Approp. |
Revenue |
Surplus/ |
Approp. |
Revenue |
Surplus/ |
Approp. |
Revenue |
Surplus/ | |
(Deficit) |
(Deficit) |
(Deficit) | |||||||
General |
19,917.1 |
19,085.1 |
(832.0) |
20,571.9 |
19,840.0 |
(731.9) |
21,434.3 |
20,639.4 |
(794.9) |
Special Transportation |
1,568.9 |
1,725.3 |
156.4 |
1,601.5 |
1,775.3 |
173.8 |
1,636.1 |
1,809.2 |
173.1 |
Other Appropriated |
237.6 |
249.3 |
11.7 |
244.6 |
252.0 |
7.4 |
251.9 |
256.7 |
4.8 |
TOTAL |
21,723.6 |
21,059.7 |
(663.9) |
22,418.0 |
21,867.3 |
(550.7) |
23,322.3 |
22,705.3 |
(617.0) |
The preceding Fiscal Impact statement is prepared for the benefit of the members of the General Assembly, solely for the purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.
1 Based on the FY 15 estimated expenditure level contained in the Governor's FY 16 – FY 17 Budget document.
2 Bond purchasers pay a premium to receive a higher interest rate than the one at which the bonds would otherwise have sold. Between FY 02 and FY 14, the General Fund debt service account lapsed between $28 million and $80 million each year due to bond premiums. The money that the state receives from premiums on GO bonds must be used to pay debt service on outstanding GO bonds under the provisions of CGS Sec. 3-20(f) and federal Internal Revenue Service regulations for tax exempt bond issuance.
3 Per the bill, BRF revenue can be accessed in the event of a decrease in GF revenue greater than 2% over the prior year (for example, during a recession).
4 For the purposes of the bill “combined revenue” is equal to the sum of: 1) the corporation business tax, and 2) the estimated & final payments portion of the personal income tax.