University Capital Outlay - The 2021-22 Budget: Legislative ...

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The 2021-22 Budget:
University Capital Outlay
MARCH 2021

   In this post, we focus on university capital outlay          provide a small campus match from their reserve
projects. We first provide background on university             funds to support their academic facility projects.)
capital financing and project review. We then review                Review Process Designed to Give Legislature
capital outlay proposals for the California State               Opportunity to Assess Proposals. At the same
University (CSU) and the University of California               time the state changed how it funded university
(UC). Next, we raise some concerns with the                     academic facilities, it also changed the process it
previously authorized UC Merced medical school                  used for approving projects. As Figure 1 on the
project and make an associated recommendation.                  next page shows, the former approval process was
We end the post by offering several other                       closely connected to the annual budget process.
recommendations intended to strengthen legislative              The new process commences at about the same
oversight of university projects.                               time (in the fall), but then the time line veers
                                                                somewhat from the budget process. In the fall, CSU
Background                                                      and UC are required to submit “the same level of
   New Financing System Put in Place Several                    detail” as a capital outlay budget change proposal,
Years Ago. Whereas the universities fund their                  or COBCP. (A COBCP contains information about
nonacademic facilities (such as their dormitories               a project’s scope, cost, and schedule.) The
and bookstores) using nonstate funds, the                       administration, in turn, is required to submit to the
state historically has funded the universities’                 Legislature a letter by February 1 that identifies the
academic facilities (such as their classrooms and               projects it preliminarily approves for each segment.
laboratories). To finance these academic facilities,            State law requires the administration to provide a
the state traditionally sold bonds and directly paid            final approval letter to the Legislature no sooner
the associated debt service from the General Fund.              than April 1. The period between February and April
Beginning in 2013-14 for UC and 2014-15 for                     is intended to give the Legislature a minimum of a
CSU, the state altered this arrangement by making               couple of months to review projects and signal to
university bonds, rather than state bonds, the main             the administration its consent or concerns.
source of financing for academic facility projects.                Annual February Report Intended to Give
Under this approach, the universities finance their             Project Updates to the Legislature. State law
projects using their main General Fund support                  requires CSU and UC to submit an annual capital
appropriations. To prevent capital financing from               outlay progress report by February 1 to the
overwhelming the universities’ operating budgets,               Legislature and administration. This report must
state law limits General Fund spending on debt                  include information about all university projects
service and pay-as-you-go projects. Specifically,               supported by state General Fund, either through
CSU’s limit is 12 percent of its annual General                 university bonds or on a pay-as-you-go basis. The
Fund support appropriation, whereas UC’s limit                  report must provide detail on the scope, cost, and
is 15 percent. (In addition to state funds, the                 current status of each project.
universities, particularly UC, commonly receive
private donations to support the construction                   CSU Proposals
of certain academic facilities. The universities,                 Governor Preliminarily Approves Two CSU
particularly CSU, also encourage campuses to                    Proposals for 2021-22. On November 30,
                                                                2020, CSU submitted its final 2021-22 capital

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outlay request, which consisted       Figure 1
of two proposals. (CSU’s
                                      Old and New Time Line to Approve University Projects
preliminary request submitted in
September 2020 had included
17 proposals.) On February 1,                       Old Process                                            New Process
                                                                                    September
2021, the Department of Finance                CSU and UC submit                                           CSU submits preliminary proposals
(DOF) submitted a letter to the                preliminary proposals                                       and UC submits final proposals to
                                               to the administration.                                      Legislature and administration for
Legislature providing preliminary                                                                          initial review.
approval of both proposals. As
Figure 2 shows, these proposals
have a total cost of $299 million,
                                                                                     November
consisting of $284 million from                CSU and UC submit
                                               final project proposals
university bonds and $15 million               to the administration.
from campus reserves. The
                                                                                     December
associated annual debt service                                                                             CSU submits final proposals
is estimated to be between                                                                                 to Legislature and administration.

$16 million and $19 million. CSU                                                      January
anticipates it would be able to                     Governor submits
cover this cost within its existing                 proposed projects
                                                    to the Legislature.
budget for debt service because                                                      February
of lower-than-expected interest                                                                            Administration submits
                                                                                                           list of projects it intends
rates and savings in certain                                                                               to approve. Legislature
previously approved projects. It                                                                           reviews projects.
estimates its total debt service
and pay-as-you-go spending on
academic facility projects would                Legislature                              April
be $197 million in 2021-22,                     reviews projects.
                                                                                                           Administration submits
equating to about 5 percent                                                                                final list of approved
of its General Fund support                                                                                projects. Legislature can
                                                                                                           take further action if desired.
appropriation.
    First Proposal Would Support
Systemwide Infrastructure
                                                                                        June
Improvements. This proposal
would authorize CSU to undertake                Legislature approves
                                                or rejects projects in
$200 million in infrastructure                  annual budget act.
projects across the 23 campuses.
The projects would address
building systems deficiencies,
energy efficiency, and code           Figure 2
compliance, among other issues.       Governor Preliminarily Approves Two CSU Proposals
CSU would select the projects
                                      2021-22 (In Thousands)
from a list totaling $1.2 billion
                                      Campus                                Project                      Phases            State Cost    Total Costa
in infrastructure improvements
that it has submitted to the          Systemwide              Infrastructure improvements                Various            $195,000     $200,000
administration and Legislature for    Chico                   Butte Hall replacement                      P,W,C               89,012       98,663
review. (Some projects on this list     Totals                                                                              $284,012b    $298,663
                                      a Campus reserves are often used for facility projects.
also appear on a separate list of     b The associated annual debt service costs are estimated at $16 million to $19 million.
deferred maintenance projects for       P = preliminary plans; W = working drawings; and C = construction.

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which CSU has requested one-time General Fund                     process. UC must certify compliance with this
in 2021-22. We cover the deferred maintenance                     requirement each year before DOF may approve UC
request in our report, The 2021-22 Budget:                        projects. According to DOF, UC is still developing a
Analysis of the Major University Proposals.) The                  process to use to demonstrate its compliance.
CSU Chancellor’s Office indicates that being able                    UC Is Requesting Approval of One Project
to select projects from among this list provides                  in 2021-22. In September 2020, UC submitted
flexibility to respond to changes in campus                       one project for state approval totaling $117 million
priorities, as developments arise between the time                in new university bond authority. The project
campuses initially submit their project lists for state           would construct a replacement building for Evans
approval and when the funds become available.                     Hall on the Berkeley campus. Evans Hall has a
Under the Governor’s proposal, the Legislature                    relatively poor seismic rating (Level VI, with Level
would receive information on the specific projects                VII being the poorest rating), and the campus has
selected when CSU submits its annual capital                      determined constructing a replacement building
outlay progress report due February 1, 2022.                      would be a more cost-effective approach for
   Second Proposal Would Modify a Previously                      making seismic upgrades than renovating the
Approved Project at Chico. In 2019-20, the                        existing building. The replacement building would
state authorized the renovation of Butte Hall at                  contain around half of the assignable square feet
the Chico campus at a total cost of $90 million.                  of Evans Hall, with the reduction in space primarily
Since then, the campus has discovered additional                  due to fewer faculty offices, research laboratories,
hazardous waste remediation needs that would                      and library/study spaces. According to UC, the
bring the cost of renovation to $106 million. Rather              campus plans to accommodate any displaced
than renovating the building, the 2021-22 proposal                functions by improving utilization of other existing
would instead replace the building at a total cost of             campus spaces. Assuming the administration’s
$99 million.                                                      preliminary letter does not make any changes to the
    No Major Concerns With Two Proposals.                         September proposal, we do not take issue with this
Though we do not have major concerns with                         project.
either CSU proposal, we believe the Legislature
could provide more meaningful oversight if it had
                                                                  UC Merced Medical Education Project
a list of the specific infrastructure improvement                    UC Received Authority for Merced Project in
projects CSU plans to undertake in 2021-22. We                    2019-20. The 2019-20 Budget Act authorized UC
recommend the Legislature direct CSU to provide                   to pursue medical school projects at the Riverside
this list in the spring, along with an explanation                campus and at or near the Merced campus.
regarding the criteria it used to prioritize among                Provisional budget language stated intent that the
projects.                                                         projects be financed by state-supported university
                                                                  bonds. In September 2019, UC submitted to the
UC Proposals                                                      state a proposal for the Riverside project, which
   Governor Has Not Yet Submitted Preliminary                     totaled $100 million in associated bond authority.
Approval List of UC Projects. Though statute                      Riverside is the newest of UC’s six medical schools.
requires the administration to submit its preliminary             UC Merced (along with Berkeley, Santa Barbara,
approval list for UC by February 1, the Legislature               and Santa Cruz) does not have a medical school.
had not yet received that list at the time of this                   UC Recently Submitted Information on
writing. According to the administration, it could not            Merced Project. In September 2020, UC
make the February 1 submittal deadline because                    submitted information on the proposed project
it was awaiting certain information from UC.                      at the Merced campus. UC plans to construct a
Specifically, the 2020-21 budget package included                 116,750 assignable square foot building intended
a new ongoing requirement that UC only use                        to support education and research-related spaces.
service unit employees for maintenance work on                    UC anticipates the project will cost $210 million.
facilities supported through the new capital outlay               To date, UC has identified funding for $12 million

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of this cost ($7.8 million state cost and $4.2 million                  funding plan is particularly concerning given
in campus reserves), covering the project’s                             the fiscal challenges facing the state, the UC
preliminary planning phase. According to UC, it is                      system, and the Merced campus. For Merced
still determining which fund sources would cover                        specifically, staff noted to us in a discussion
the remaining $198 million in project costs. The                        during the fall that the campus already has
administration has not signaled whether it plans                        relatively high debt service levels following the
to include this proposal in its preliminary letter or                   completion of the Merced 2020 project.
whether it believes the project does not require
                                                                    •  Planning Phases Are Costlier Than Is
any additional authorization beyond the language
                                                                       Typical. The combined preliminary planning
included in the 2019-20 Budget Act.
                                                                       and working drawings phases would total
  Merced Project Raises Four Concerns. Each
                                                                       $34 million. This equates to 16 percent
concern is described below.
                                                                       of total estimated project costs—higher
  •  Project Scope Includes a Significant                              than the average of around 10 percent of
     Amount of Research Space. The provisional                         projects costs. The Merced project’s size and
     language in the 2019-20 Budget Act focused                        complexity may be a factor that is driving up
     on authorizing a “medical school project.”                        costs for these initial phases.
     Riverside’s project focused primarily on adding
                                                                    Recommend Requesting UC Provide Stronger
     more instructional space for its medical school
                                                                 Justification for Specific Project Proposal. We
     students. The proposed space at Merced,
                                                                 think overseeing the UC Merced project at this
     however, also includes a significant amount of
                                                                 early phase is especially important for ensuring that
     research space and adds many more faculty
                                                                 key legislative objectives are met in both the near
     offices, as shown in Figure 3. The inclusion of
                                                                 and long term. Though the Legislature already has
     research space is what makes the overall cost
                                                                 indicated interest in approving a medical school
     of the project ($210 million) so high—more
                                                                 building at or near the UC Merced campus, several
     than double the Riverside medical school
                                                                 aspects of the specific project proposal may not
     project.
                                                                 align with original legislative objectives. In particular,
  •  Project Scope Also Includes Substantial                     the Legislature might have intended for (1) more of
     Space for Behavioral Sciences. Though                       the proposed space to be dedicated to instruction,
     the language envisioned a medical school                    (2) more of the proposed space to be focused
     building, the September proposal notes that                 directly on medical education, (3) an explicit plan
     much of the research space would support                    to secure funding for the project, and (4) planning
     faculty in psychology and public health, two                costs that were at a more typical level. To the
     academic fields separate from professional                  extent the Legislature shares these concerns about
     medical education. According to Merced,                     the project, we recommend it ask UC to respond,
     these academic departments lack adequate
     space on the campus. This is despite the
                                                                   Figure 3
     campus having recently completed the
     Merced 2020 project, a public-private                         UC Proposes Much Larger Building at
     partnership that doubled the amount of its                    Merced Than at Riverside
     academic space.                                               Assignable Square Feet
  •  Project Financing Is Uncertain. Despite                                                  Merced         Riverside
     proposing to undertake such a costly project,
                                                                  Instruction                 37,870           52,100
     UC has not identified a funding plan for                     Research                    40,070               —
     most of the project (any of the costs beyond                 Academic offices            23,582            7,700
     preliminary plans). Initiating a capital project             Student support              3,200            5,200
     without a funding plan is highly irregular                   Other                       12,028               —
     and is poor budget practice. The lack of a                     Totals                   116,750           65,000

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either by providing stronger justification for the               the exact projects that would be undertaken. We
existing proposal or adjusting the project proposal              think advance notification of which projects will be
so that it is more in line with original legislative             undertaken is a fundamental aspect of meaningful
objectives.                                                      legislative review. We recommend the Legislature
                                                                 amend statute to clarify that the administration is to
Recommendations to Improve Project                               submit a list of specific infrastructure improvement
Review Process                                                   and deferred maintenance projects that it approves
                                                                 as part of its preliminary and final approval letters.
   Four Recommendations Designed to Improve
                                                                 (In this recent university budget report, we make a
Project Review Process. In the years since the
                                                                 similar recommendation regarding pay-as-you-go
state established the new project review and
                                                                 deferred maintenance proposals.) To offer CSU
approval process, we have observed several
                                                                 and UC some flexibility to respond to changing
weaknesses with this process. Below, we offer four
                                                                 infrastructure needs, the Legislature could consider
recommendations that would increase transparency
                                                                 further modifying statute in two ways. First, it
and strengthen legislative oversight, thereby
                                                                 could allow CSU and UC each to change a certain
potentially improving the overall quality of university
                                                                 percentage (such as 10 percent) of the projects
projects. The recommendations would apply to
                                                                 identified on their respective final approval letter,
both CSU and UC projects and entail statutory
                                                                 as long as the originally approved debt level is
amendments. We recommend adopting the
                                                                 not exceeded. Second, it could require that CSU
statutory changes this session but not making them
                                                                 and UC document any of these changes in their
operative until the next capital outlay review cycle
                                                                 February capital outlay progress reports to the
(for 2022-23 project proposals).
                                                                 Legislature.
   Recommend Requiring Public Posting of
                                                                     Recommend Requiring Submission of Final
COBCP Material and Approval Letters. Currently,
                                                                 Approval Letter No Later Than May Revision.
the administration does not publicly post the
                                                                 While current law specifies that the administration’s
COBCP material that CSU and UC are required
                                                                 final letter is to be submitted no sooner than
to submit for each project, nor does it post its
                                                                 April 1 (to allow some time for the Legislature to
February and April project approval letters. In
                                                                 review the preliminary approval letter), it does
contrast, DOF posts COBCPs for other agencies,
                                                                 not specify a deadline for final submission. We
including for the community colleges. The state also
                                                                 recommend the Legislature modify statute to
records approved projects for those agencies in
                                                                 require the administration to provide final project
the annual budget act. Publicly posting information
                                                                 approval no later than the May Revision. We also
about proposed and approved projects increases
                                                                 recommend that the final approval letter contain
transparency, ensuring that the Legislature and
                                                                 only minor revisions to the preliminarily approved
the public have ready access to key details about
                                                                 projects, rather than significant new proposals. (As
each project. Consistent with these state practices,
                                                                 discussed further below, significant new proposals
we recommend the Legislature amend statute to
                                                                 still could be introduced through legislation, even if
require the administration to publicly post COBCP
                                                                 disallowed through the section letter process.) As
material for CSU and UC projects, as well as its
                                                                 the May Revision is close to the end of the budget
February and April project approval letters for the
                                                                 process, the Legislature very likely would not have
universities.
                                                                 time to undertake meaningful review of new or
   Recommend Clarifying Requirement to
                                                                 substantially changed proposals. Equally important,
Provide List of Certain Projects. Like CSU’s
                                                                 having a final approval list no later than the May
infrastructure improvement proposal this year, UC
                                                                 Revision would ensure the Legislature is aware
has also submitted proposals in previous years
                                                                 of CSU’s and UC’s new debt-service obligations
that requested funding for an unspecified package
                                                                 before it adopts its final university General Fund
of deferred maintenance projects. In these cases,
                                                                 support appropriations in the annual budget act.
the administration’s preliminary and final letters
                                                                 Knowing the level of these debt service obligations
also have authorized funding without specifying

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for CSU and UC is particularly important as those                  these changes until June 30—after the Legislature
obligations are being paid using the universities’                 had enacted the budget. Proposing such notable
support appropriations.                                            changes so late in the budget process gave
   Recommend Significant, Substantive                              the Legislature effectively no time to review
Changes to Project Proposals Be Made Through                       them publicly. To ensure the Legislature has a
Legislation. Under the new project approval                        meaningful opportunity to review future project
process, the administration has sometimes                          proposals, we recommend the Legislature amend
introduced significant new proposals after it                      statute to require that any significant changes
submitted its preliminary approval letter to the                   the administration proposes after the February
Legislature. For example, for CSU in 2020-21,                      preliminary approval letter be introduced in
the administration proposed notably increasing                     legislation. (“Significant changes” could include
total project costs from the initial February                      proposals that add projects, significantly expand
letter, primarily by adding one new project and                    the scope of projects, or substantially increase
significantly changing the scope of another project.               project costs and associated state-funded debt.)
Moreover, DOF did not notify the Legislature of

LAO Publications

This report was prepared by Lisa Qing and Jason Constantouros and reviewed by Jennifer Pacella and Anthony
Simbol. The Legislative Analyst’s Office (LAO) is a nonpartisan office that provides fiscal and policy information and
advice to the Legislature.

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