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Note: Taken from pages 74, 75 and 76 of New York State Budget Analysis 2006-07  by Alan Hevesi. –Fred Lane

 Education       

 EXCEL

 The Legislature added $12 billion in new State and local debt authorization for K-12 education needs.  The EXCEL program administered by DASNY will issue $2.6 billion in bonds and distribute the proceeds as follows: $1.8 billion for New York City, $400 million for high needs districts and $400 million for all other districts.

 The $2.6 billon in debt issued by DSANY will be considered State-Supported debt as per the Debt Reform Act of 2000 and State-Funded as per the Comptroller’s definition.  This funding is restricted to the following:

Educational technology,
Health and Safety improvements,
Disability access,
Increase in physical capacity (additional classrooms), and
Energy initiatives.

In addition to the above, all projects eligible for funding in New York City must be part of the Five-Year Capital Plan approved by the City Council as of July 2005.

The structure of this program has the potential to generate significant out-year costs, in addition to debt service for the State, because districts will be allowed to use EXCEL funding to replace the local share (amount not reimbursed with State Building Aid) on new capital projects that meet the program guidelines listed above.  For example, if a district has a capital plan that assumes $5 million for a particular project where 50 percent is reimbursed by the State and 50 percent is financed from local funds, the district can finance the local share with EXCEL funding and use the supplanted local share for another reimbursable project.  In essence, school districts will get double the aid for the same level of local cost. 

Funding provided by the EXCEL program is not appropriated but rather bond proceeds will be distributed directly to school districts by DASNY, thus circumventing the State’s central accounting system and associated pre-audit procedures.  The $2.6 billion is considered “off-budget” spending and will not appear in the State’s Financial Plan or in the State’s cash reporting.  Furthermore, while schools are required to use the funding for capital needs, as listed above, the Dormitory Authority will be issuing bonds backed by debt service contracts with the State, so information on individual projects that are financed with EXCEL dollars will not be readily available.  As such, the bonds are backed by a State debt service contract pledge as with other back-door borrowing.

While the Enacted Budget does include an increase of $100 million in 2006-07, the Financial Plan will not reflect the entire $2.6 billion in additional spending intended by the State for out-years.  Not accounting for this, State spending is misleading today’s and future taxpayers who are footing the bill for this debt. 

In 1997, voters were asked to approve a $2.4 billion General Obligation bond act to finance education infrastructure around the State.  The measure was voted down by a 53 percent to 47 percent margin, largely because of a lack of information on how the funding would be used and where it would be spent.  The EXCEL program is not subject to voter approval and without an appropriation and payments coming directly from a State authority, detailed spending information is neither accessible nor structured in such a way as to be scrutinized by the public.  Essentially, the State did indirectly what voters directly said no to in 1997. 

 

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