Money Burning a Hole in their Pockets

by Dick Hall-Sizemore

If anyone needs concrete evidence that the 2024 General Assembly had more money for the 2024-2026 biennial budget that it could responsibly spend, he need only to examine one little-known item in the budget: capital maintenance reserve (MR).

In an earlier article, I examined this budget item and identified five agencies that likely could get through the upcoming biennium using only their existing balances without any additional appropriation. That would have resulted in a saving of about $200 million.

This article is a follow-up to that earlier analysis and examines what approach the legislature took. The conclusion: rather than cut off any additional money because these agencies already had enough, the legislature gave four of them more than the governor had recommended and, for the fifth one, decreased the governor’s recommendation only slightly.

The earlier analysis had been based on the assumption that agency expenditures in FY 2024 would be close to their average expenditures for the most recent five years. As it happened, the FY 2024 expenditures for all the agencies exceeded their five-year average, only slightly for one and significantly for others. As a result, even assuming that their annual expenditures over the next two years of the biennium would equal their above-average FY 2024 expenditures, three of the agencies would have been able to get through the upcoming biennium just using their maintenance reserve appropriation balance on June 30, 2024, without any additional appropriation. The other two agencies would have been able to get through FY 2025 without any additional appropriation and may have needed only a supplement for FY 2026 in the 2025 session.

The table below summarizes the relevant data. The key rows are: “Balance, 6/30/2024”, “Available, 2025-2026”, and the annual average expenditures. The FY 2024 expenditures for the Dept. of General Services (DGS) and Virginia Commonwealth University (VCU) were significantly above their five-year averages. Even so, the June 30, 3024 balances alone for both agencies would have been sufficient for FY 2025 with perhaps a supplement needed from the 2025 session for FY 2026. The FY 2024 end-of-year balances for the other three agencies—the Virginia Community College System (VCCS), the Dept. of Behavioral Health and Developmental Services (DBHDS), and the Department of Corrections (DOC)—would have been sufficient for the next two years, even if the agencies had continued to spend at their elevated FY 2024 levels. However, the legislature provided them a total of $152.7 million in appropriation for the next two years that they very likely will not spend.

The most egregious over-appropriation is that for DOC. The largest annual expenditure for maintenance reserve for the agency was $13.8 million in FY 2023. Yet, the legislature provided an additional $25.1 million for FY 2025 and $50.4 million for FY 2026!  To make the situation even more ludicrous, DOC was proposing to close several prisons, which would have decreased its need for maintenance reserve funding. As it now stands, the agency will have more than $125 million to spend on MR over the next two years.

As noted in the previous article, “It needs to be stressed that this conclusion does not reflect the actual need for MR funding. Each agency likely could justify on paper its need for the additional appropriations at issue and, possibly, for even more than is being proposed.” However, the question is whether the agencies are able to spend the money they are provided each year. For whatever reason, these agencies, especially three of them, have not been able to do so, thereby building up large balances.

Rather than take reality into account, the governor and General Assembly just keep throwing more money at them.

My Soapbox

Capital outlay is a section of the budget that relatively few in state government or the legislature pay any attention to. There is a general consensus that the state, with numerous older buildings, is faced with a lot of deferred maintenance. Funding for maintenance reserves projects is the principal method of dealing with this issue.

At one point in the past, the allocation among agencies of the total amount identified for maintenance reserve was based on the amount of square footage in buildings more than five years old. Often, such formulas get put on “auto-pilot” and are not updated. In addition, there is a reluctance to reduce an agency’s maintenance reserve allocation.

If any of the analysts in the Dept. of Planning and Budget (DPB) looked at the actual expenditures and growing balances in any agency’s maintenance reserve project and recommended a moratorium on funding, the Secretary of Finance and the governor’s office did not follow any such recommendation.

I know one of the money committee staff analysts was aware of this situation because I discussed it with him/her before the last session. Whether either one of the capital subcommittees was presented with evidence that VCCS, DBHDS, and DOC were not spending all of their annual MR appropriations and were building up sizable balances, I don’t know. Even if they were, obviously, it did not matter. Given the availability of more than enough money to go around, it was easier to provide more money for MR, while feeling like they were doing something to further reduce deferred maintenance.


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8 responses to “Money Burning a Hole in their Pockets”

  1. WayneS Avatar

    Are any of these agencies doing this on purpose, thinking that if they neglect their deferred maintenance until an asset is virtually unsalvageable that they will be able to replace it with something shiny and new?

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Not too cynical, are you?

      I don't know enough about VCCS to comment, but in the case of the other two agencies, there probably was some intentional ignoring of maintenance issues, but not for the reason you posited. In the case of DBHDS, the base upon which its allotment of MR money was calculated likely included Central State Hospital. Because the decision was made several years ago to replace that facility with a new one, the agency likely chose not to spend any more money than it had to for MR. DPB and the GA should have deleted the square footage of Central State from the calculation of the MR funding for DBHDS. As for DOC, after it decided to close several prisons, it likely decided not to spend any of its MR funding on them. As I mentioned above, that square footage should have been taken out of DOC's base and its overall MR allotment decreased.

      There was a case several years ago (not in my area) in which the DPB analyst complained that the agency had neglected the maintenance on a major building to the extent that a replacement had to be constructed. However, that was not the result of a calculated effort to get a new building, but of plain incompetence.

      1. Nancy Naive Avatar
        Nancy Naive

        Wayne is not a cynic; he’s a happy man in a cynical world.

        We’ve all been dosed too many times by stories of government buildings getting new roofs or paint and then torn down within the year.

  2. LarrytheG Avatar
    LarrytheG

    Thanks. Your post is classic BR, back when BR was primarily about Virginina and it's governance and institutions.

    I would presume that MR is a thing that one might see in any agency budget but it seems to be somewhere between O&M and Capital Facilities depending.

    I would think any agency, say DMV or even VDOT would be getting or trying to set aside so much a year to go towards replacing roofs, windows, etc… but the funds are not necessarily expended on a regular recurring basis but rather when the "time comes" and this works this way rather than the agency putting a new roof in their budget at the time the new roof is actually needed.

    So does it actually work this way across all agencies in the state budget?

    Apparently not.. you can't "set aside", right? So you have to put a new roof in the budget when you need the new roof?

    Locally, when the schools do not fully expend funds for a particular purpose, they are allowed to come back and propose to use it for another
    purpose that did not get fully funded. I forget the name of that but can State Agencies do that if they propose something in the budget, not funded, but excess on another, come back and move the money to something else not fully funded?

    1. Dick Hall-Sizemore Avatar
      Dick Hall-Sizemore

      Operating and capital appropriations are treated differently in the state budget. Because capital projects generally take more than a year to complete, balances in capital projects automatically are reappropriated or carried over. Most capital projects are authorized and a pool of funding is appropriated for a group of them. The funding for a specific project is allocated as certain stages in the construction are reached.

      Maintenance reserve is for those needs that fall between routine maintenance and full construction or renovation. Roof replacement is a prime example. Agencies are appropriated a chunk of money each year that can be used for any project that fits the definition of maintenance reserve. Almost all agencies have year-end balances in their maintenance reserve appropriation, which is automatically carried over to the next fiscal year. Many years ago, when the total amount for MR was not as large as it is now, small agencies would get small amounts. It was not uncommon for them to "save" their MR appropriations from year to year in anticipation of a large need, such as roof replacement, that would exceed any annual amount they would receive.

      VDOT and DMV have MR projects that work the same way. Because the source of the funding is transportation revenues, the agencies can designate how much they want to be put in there. https://budget.lis.virginia.gov/item/2024/2/HB6001/Chapter/2/C-35/

      For year-end balances in operating funds, it depends on the source of funds. For nongeneral funds, agencies retain the cash and can request (and usually obtain) an appropriation to spend it.

      Year-end general fund balances generally revert to the unappropriated general fund. In some cases, there will be language in the Appropriation Act directing the reappropriation of those balances to the agency. Higher ed has one of those provisions. If there is no such provision, the agency loses that apppropriation. Therefore, there is usually an effort at the end of the year to spend down all GF appropriation. DOC was famous for this. Its goal was to have no year-end GF balance. It usually came very close.

      There is language authorizing the Governor to reappropriate any GF year-end balance to the agency. Each fall, DPB goes through an exercise in which agencies request reappropriation, providing justification for such requests. Here is the report of the actions by the goveror last year. The last column is the amount that the agency did not get to keep. https://dpb.virginia.gov/forms/20231109-1/FY2023toFY2024DiscretionaryGFReappropriation.pdf

      1. LarrytheG Avatar
        LarrytheG

        Thanks DIck. All of this sounds VERY programmatic , not ad hoc at all!

        At the county level , the BOS has to approve re-purposing carry-over money. Who does that
        for the state agencies?

        1. Dick Hall-Sizemore Avatar
          Dick Hall-Sizemore

          As I pointed out above, the governor has that authority, unless the GA has preempted him and put in language requiring a specified year-end balance to be reappropriated.

          1. LarrytheG Avatar
            LarrytheG

            thanks!

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