AB 1747: Food assistance: higher education students.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-12
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
This bill would require each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program. By imposing these requirements on community colleges, this bill would impose a state-mandated local program.
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would additionally require the department to act as the state entity for the receipt of federal reimbursement for CalFresh outreach activities on behalf of state educational institutions or other state or local agencies, subject to certain conditions.
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(4)This bill would incorporate changes to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
This bill would require each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program. By imposing these requirements on community colleges, this bill would impose a state-mandated local program.
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would additionally require the department to act as the state entity for the receipt of federal reimbursement for CalFresh outreach activities on behalf of state educational institutions or other state or local agencies, subject to certain conditions.
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(4)This bill would incorporate changes to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
This bill would require each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program. By imposing these requirements on community colleges, this bill would impose a state-mandated local program.
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would additionally require the department to act as the state entity for the receipt of federal reimbursement for CalFresh outreach activities on behalf of state educational institutions or other state or local agencies, subject to certain conditions.
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(4)This bill would incorporate changes to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.
(4)
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
This bill would require each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program. By imposing these requirements on community colleges, this bill would impose a state-mandated local program.
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would include public postsecondary educational institutions among the entities that may receive matching funds for conducting CalFresh outreach activities, as specified.
This bill would additionally require the department to act as the state entity for the receipt of federal reimbursement for CalFresh outreach activities on behalf of state educational institutions or other state or local agencies, subject to certain conditions.
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
Existing law establishes the Cal Grant Program under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under the program for participating students attending qualifying institutions. Existing law requires each Cal Grant participating institution, as a condition for its voluntary participation in the Cal Grant Program, to annually report to the commission specified information for its undergraduate programs.
This bill would require, as a condition of participation in the Cal Grant Program, require each public and private postsecondary educational institution to ensure that surcharge-free transactions are accessible on each campus through the EBT system. The bill would also require educational institutions that are that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program. By imposing these requirements on community colleges, this bill would impose a state-mandated local program.
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would include public postsecondary educational institutions among the entities that may receive matching funds for conducting CalFresh outreach activities, as specified.
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
Existing law establishes the Cal Grant Program under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under the program for participating students attending qualifying institutions. Existing law requires each Cal Grant participating institution, as a condition for its voluntary participation in the Cal Grant Program, to annually report to the commission specified information for its undergraduate programs.
This bill would require, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution to ensure that surcharge-free transactions are accessible on each campus through the EBT system. The bill would also require educational institutions that are located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program.
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would include public postsecondary educational institutions among the entities that may receive matching funds for conducting CalFresh outreach activities, as specified.
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
Existing law establishes the Cal Grant Program under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under the program for participating students attending qualifying institutions. Existing law requires each Cal Grant participating institution, as a condition for its voluntary participation in the Cal Grant Program, to annually report to the commission specified information for its undergraduate programs.
This bill would require, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution to ensure that surcharge-free transactions are accessible on each campus through the EBT system. The bill would prohibit these educational institutions from entering into contracts with a bank or financial institution that imposes a fee or surcharge on a person using an EBT card. The bill would also require educational institutions that are located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program.
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would include public postsecondary educational institutions among the entities that may receive matching funds for conducting CalFresh outreach activities, as specified.
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
Existing law establishes the Cal Grant Program under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under the program for participating students attending qualifying institutions. Existing law requires each Cal Grant participating institution, as a condition for its voluntary participation in the Cal Grant Program, to annually report to the commission specified information for its undergraduate programs.
This bill would require, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution to ensure that surcharge-free transactions are accessible on each campus through the EBT system. The bill would prohibit these educational institutions from entering into contracts with a bank or financial institution that imposes a fee or surcharge on a person using an EBT card. The bill would also require these educational institutions that are located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program.
(2)Under existing law, a recipient of public assistance benefits may be charged a fee for cash withdrawal transactions using the EBT system, but excludes CalFresh transactions from this fee.
This bill would additionally exclude from the fee a transaction processed though a point of sale device or an automated teller machine located on the campus of a public or private postsecondary educational institution.
(3)
(2)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would include public postsecondary educational institutions among the entities that may receive matching funds for conducting CalFresh outreach activities, as specified.
(4)
(3)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
(1)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.
Existing law establishes the Cal Grant Program under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under the program for participating students attending qualifying institutions. Existing law requires each Cal Grant participating institution, as a condition for its voluntary participation in the Cal Grant Program, to annually report to the commission specified information for its undergraduate programs.
This bill would require, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution to ensure that surcharge-free transactions are accessible on each campus through the EBT system. The bill would also require these institutions that are located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program.
(2)Under existing law, a recipient of public assistance benefits may be charged a fee for cash withdrawal transactions using the EBT system, but excludes CalFresh transactions from this fee.
This bill would additionally exclude from the fee a transaction processed though a point of sale device or an automated teller machine located on the campus of a public or private postsecondary educational institution.
(3)Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.
This bill would include public postsecondary educational institutions among the entities that may receive matching funds for conducting CalFresh outreach activities, as specified.
(4)Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the departments administrative costs.
This bill would establish the Public Higher Education Pantry Assistance Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)Each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following:
(1)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(2)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(3)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)An approved food vendor participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program.
SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement, and complies with contracting requirements established in state and federal law, the department shall, subject to approval of the states outreach plan by the United States Department of Agriculture, act as the state entity for receipt of federal reimbursement on behalf of the organization, institution, or agency.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding subparagraph (A), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 4.5.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the CalFood Program. The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program funds annual budget.
(B)Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the CalFood Program.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 5.Section 4.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after AB 1577, in which case Section 4 of this bill shall not become operative.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)Each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following:
(1)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(2)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(3)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)An approved food vendor participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program.
SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement, and complies with contracting requirements established in state and federal law, the department shall, subject to approval of the states outreach plan by the United States Department of Agriculture, act as the state entity for receipt of federal reimbursement on behalf of the organization, institution, or agency.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding subparagraph (A), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 4.5.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the CalFood Program. The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the CalFood Program funds annual budget.
(B)Notwithstanding subparagraph (A), funds received by the CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the CalFood Program as described in subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the CalFood Program.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 5.Section 4.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after AB 1577, in which case Section 4 of this bill shall not become operative.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)Each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following:
(1)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(2)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(3)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)An approved food vendor participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program.
SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement, and complies with contracting requirements established in state and federal law, the department shall, subject to approval of the states outreach plan by the United States Department of Agriculture, act as the state entity for receipt of federal reimbursement on behalf of the organization, institution, or agency.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding paragraph (1), subparagraph (A), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in paragraph (1), subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 4.5.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP 2017, the State Emergency Food Assistance Program (SEFAP), administered by the State Department of Social Services, shall be renamed as the CalFood Program. The CalFood Program shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program CalFood Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(c)
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(1)
(A)All moneys received by the State Emergency Food Assistance Program CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP CalFood Program and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP CalFood Program funds annual budget.
(2)
(B)Notwithstanding paragraph (1), subparagraph (A), funds received by the State Emergency Food Assistance Program CalFood Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP CalFood Program as described in paragraph (1), subparagraph (A), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP. CalFood Program.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 5.Section 4.5 of this bill incorporates amendments to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2017, (2) each bill amends Section 18995 of the Welfare and Institutions Code, and (3) this bill is enacted after AB 1577, in which case Section 4 of this bill shall not become operative.
SEC. 5.SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)Each public or private postsecondary education educational institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following:
(1)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(2)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(3)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)An approved food vendor participating in the Restaurant Meals Program pursuant to this section, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program.
SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization or a public postsecondary educational institution is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency, the department shall, upon request and subject to approval by the United States Department of Agriculture, act as the organizations or institutions state entity for receipt of matching funds.
18904.3.(a)If a private nonprofit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement, and complies with contracting requirements established in state and federal law, the department shall, subject to approval of the states outreach plan by the United States Department of Agriculture, act as the state entity for receipt of federal reimbursement on behalf of the organization, institution, or agency.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding paragraph (1), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in paragraph (1), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)As a condition of its participation in the Cal Grant Program, all of the following shall apply to public and private postsecondary education institutions:
(1)The institution shall ensure that surcharge-free transactions are accessible on each campus using the electronic benefits transfer (EBT) system established pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code. This paragraph does not prohibit or limit the imposition of a surcharge by an owner or operator, other than the institution, of an automated teller machine on a campus, or an issuer of an EBT card, if the surcharge is otherwise permitted by law.
(2)If the institution
66025.93.(a)Each public or private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code, the institution Code shall do all of the following:
(A)
(1)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(B)
(2)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(C)
(3)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)To the extent any contract would be substantially impaired as a result of the application of this section, this section shall apply only to contracts renewed or entered into on or after January 1, 2017.
SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization or a public postsecondary educational institution is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency, the department shall, upon request and subject to approval by the United States Department of Agriculture, act as the organizations or institutions state entity for receipt of matching funds.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding paragraph (1), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in paragraph (1), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)As a condition of its participation in the Cal Grant Program, all of the following shall apply to public and private postsecondary education institutions:
(1)The institution shall ensure that surcharge-free transactions are accessible on each campus using the electronic benefits transfer (EBT) system established pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code. This paragraph does not prohibit or limit the imposition of a surcharge by an owner or operator, other than the institution, of an automated teller machine on a campus, or an issuer of an EBT card, if the surcharge is otherwise permitted by law.
(2)If the institution is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code, the institution shall do all of the following:
(A)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(B)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(C)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)To the extent any contract would be substantially impaired as a result of the application of this section, this section shall apply only to contracts renewed or entered into on or after January 1, 2017.
SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization or a public postsecondary educational institution is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency, the department shall, upon request and subject to approval by the United States Department of Agriculture, act as the organizations or institutions state entity for receipt of matching funds.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding paragraph (1), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in paragraph (1), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)As a condition of its participation in the Cal Grant Program, all of the following shall apply to public and private postsecondary education institutions:
(1)The institution shall ensure that surcharge-free transactions are accessible on each campus using the electronic benefits transfer (EBT) system established pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code.
(2)If the institution is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code, the institution shall do all of the following:
(A)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(B)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(C)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(3)The institution shall not enter into a contract with a bank or financial institution that imposes a fee or surcharge on a person using an EBT card.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)To the extent any contract would be substantially impaired as a result of the application of this section, this section shall apply only to contracts renewed or entered into on or after January 1, 2017.
SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization or a public postsecondary educational institution is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency, the department shall, upon request and subject to approval by the United States Department of Agriculture, act as the organizations or institutions state entity for receipt of matching funds.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding paragraph (1), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in paragraph (1), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)As a condition of its participation in the Cal Grant Program, each all of the following shall apply to public and private postsecondary education institution shall do all of the following: institutions:
(1)Ensure The institution shall ensure that surcharge-free transactions are accessible on each campus using the electronic benefits transfer (EBT) system established pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code.
(2)If the institution is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code, the institution shall do all of the following:
(A)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facilities facility on campus.
(B)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(C)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(3)The institution shall not enter into a contract with a bank or financial institution that imposes a fee or surcharge on a person using an EBT card.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)To the extent any contract would be substantially impaired as a result of the application of this section, this section shall apply only to contracts renewed or entered into on or after January 1, 2017.
SEC. 3.Section 10072 of the Welfare and Institutions Code is amended to read:10072.The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following:
(a)To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system.
(b)To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states.
(c)All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p).
(d)The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system.
(e)The system shall permit a recipient the option to choose a personal identification number, also known as a PIN number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third partys access to the recipients benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits.
(f)The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(g)The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(h)In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency.
(i)(1)A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced.
(2)A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3).
(3)The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification.
(j)Electronic benefits transfer system consumers shall be informed on how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge.
(k)The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipients preferred language if the electronic benefits transfer system vendor contract provides for services in that language.
(l)Procedures shall be developed for error resolution.
(m)No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system.
(n)Except for CalFresh transactions and transactions processed though a point of sale device or an automated teller machine located on the campus of a public or private postsecondary educational institution pursuant to Section 66025.93 of the Education Code, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month.
(o)The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges.
(p)A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individuals housing payments.
(q)A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following:
(1)The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2.
(2)Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system.
(3)How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations.
(4)Where to withdraw benefits without a surcharge when using the electronic benefits transfer system.
(5)That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment.
(6)That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery.
(7)That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption.
(r)A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipients understanding of the information provided.
SEC. 4.SEC. 3.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)If a private nonprofit organization or a public postsecondary educational institution is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency, the department shall, upon request and subject to approval by the United States Department of Agriculture, act as the organizations or institutions state entity for receipt of matching funds.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 5.SEC. 4.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(B)Notwithstanding paragraph (1), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in paragraph (1), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
It is the intent of the Legislature to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
SEC. 2.Section 66025.93 is added to the Education Code, immediately following Section 66025.92, to read:66025.93.(a)As a condition of its participation in the Cal Grant Program, each public and private postsecondary education institution shall do all of the following:
(1)Ensure that surcharge-free transactions are accessible on each campus using the electronic benefits transfer (EBT) system established pursuant to Chapter 3 (commencing with Section 10065) of Part 1 of Division 9 of the Welfare and Institutions Code.
(2)If the institution is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code, the institution shall do all of the following:
(A)Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facilities on campus.
(B)Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(C)If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b)This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c)To the extent any contract would be substantially impaired as a result of the application of this section, this section shall apply only to contracts renewed or entered into on or after January 1, 2017.
SEC. 3.Section 10072 of the Welfare and Institutions Code is amended to read:10072.The electronic benefits transfer system required by this chapter shall be designed to do, but not be limited to, all of the following:
(a)To the extent permitted by federal law and the rules of the program providing the benefits, recipients who are required to receive their benefits using an electronic benefits transfer system shall be permitted to gain access to the benefits in any part of the state where electronic benefits transfers are accepted. All electronic benefits transfer systems in this state shall be designed to allow recipients to gain access to their benefits by using every other electronic benefits transfer system.
(b)To the maximum extent feasible, electronic benefits transfer systems shall be designed to be compatible with the electronic benefits transfer systems in other states.
(c)All reasonable measures shall be taken in order to ensure that recipients have access to electronically issued benefits through systems such as automated teller machines, point-of-sale devices, or other devices that accept electronic benefits transfer transactions. Benefits provided under Chapter 2 (commencing with Section 11200) of Part 3 shall be staggered over a period of three calendar days, unless a county requests a waiver from the department and the waiver is approved, or in cases of hardship pursuant to subdivision (p).
(d)The system shall provide for reasonable access to benefits to recipients who demonstrate an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier. These alternative methods shall conform to the requirements of the Americans with Disabilities Act (42 U.S.C. Sec. 12101, et seq.), including reasonable accommodations for recipients who, because of physical or mental disabilities, are unable to operate or otherwise make effective use of the electronic benefits transfer system.
(e)The system shall permit a recipient the option to choose a personal identification number, also known as a PIN number, to assist the recipient to remember his or her number in order to allow access to benefits. Whenever an institution, authorized representative, or other third party not part of the recipient household or assistance unit has been issued an electronic benefits transfer card, either in lieu of, or in addition to, the recipient, the third party shall have a separate card and personal identification number. At the option of the recipient, he or she may designate whether restrictions apply to the third partys access to the recipients benefits. At the option of the recipient head of household or assistance unit, the county shall provide one electronic benefits transfer card to each adult member to enable them to access benefits.
(f)The system shall have a 24-hour per day toll-free telephone hotline for the reporting of lost or stolen cards that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to access, over the telephone, the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(g)The system shall have an Internet Web site that will provide recipients, at no additional cost to the recipient, with information on how to have the card and personal identification number replaced, and that will allow an authorized representative or head of household to view the transaction history detail for at least the last 10 transactions and to request that the transaction history detail for at least the past two months be sent by mail.
(h)In addition to the ability to receive transaction history detail pursuant to subdivisions (f) and (g), a county human services agency shall make available to an authorized representative or head of household, at no additional cost to the authorized representative or head of household, all electronic benefit transaction history details that are available to the county human services agency within 10 business days after a request has been received by the agency.
(i)(1)A recipient shall not incur any loss of electronic benefits after reporting that his or her electronic benefits transfer card or personal identification number has been lost or stolen. The system shall provide for the prompt replacement of lost or stolen electronic benefits transfer cards and personal identification numbers. Electronic benefits for which the case was determined eligible and that were not withdrawn by transactions using an authorized personal identification number for the account shall also be promptly replaced.
(2)A recipient shall not incur any loss of cash benefits that are taken by an unauthorized withdrawal, removal, or use of benefits that does not occur by the use of a physical EBT card issued to the recipient or authorized third party to directly access the benefits. Benefits taken as described in this paragraph shall be promptly replaced in accordance with the protocol established by the department pursuant to paragraph (3).
(3)The State Department of Social Services shall establish a protocol for recipients to report electronic theft of cash benefits that minimizes the burden on recipients, ensures prompt replacement of benefits in order to minimize the harm to recipients, and ensures program integrity. This protocol may include the automatic replacement of benefits without the need for recipient reporting and verification.
(j)Electronic benefits transfer system consumers shall be informed on how to use electronic benefits transfer cards, how to protect their cards from misuse, and where consumers can use their cards to withdraw benefits without incurring a fee, charge, or surcharge.
(k)The electronic benefits transfer system shall be designed to inform recipients when the electronic benefits transfer system does not function or is expected not to function for more than a one-hour period between 6 a.m. and midnight during any 24-hour period. This information shall be made available in the recipients preferred language if the electronic benefits transfer system vendor contract provides for services in that language.
(l)Procedures shall be developed for error resolution.
(m)No fee shall be charged by the state, a county, or an electronic benefits processor certified by the state to retailers participating in the electronic benefits transfer system.
(n)Except for CalFresh transactions and transactions processed though a point of sale device or an automated teller machine located on the campus of a public or private postsecondary educational institution pursuant to Section 66025.93 of the Education Code, a recipient may be charged a fee, not to exceed the amount allowed by applicable state and federal law and customarily charged to other customers, for cash withdrawal transactions that exceed four per month.
(o)The electronic benefits transfer system shall be designed to ensure that recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 have access to using or withdrawing benefits with minimal fees or charges, including an opportunity to access benefits with no fee or charges.
(p)A county shall exempt an individual from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship. Hardship includes, but is not limited to, the incurrence of late charges on an individuals housing payments.
(q)A county shall use information provided by the department to inform recipients of benefits under Chapter 2 (commencing with Section 11200) of Part 3 of all of the following:
(1)The methods of electronic delivery of benefits available, including distribution of benefits through the electronic benefits transfer system or direct deposit pursuant to Section 11006.2.
(2)Applicable fees and charges, including surcharges, consumer and privacy protections, and liability for theft associated with the electronic benefits transfer system.
(3)How to avoid fees and charges, including opting for delivery of benefits by direct deposit and using the electronic benefits transfer card solely at surcharge free locations.
(4)Where to withdraw benefits without a surcharge when using the electronic benefits transfer system.
(5)That a recipient may authorize any available method of electronic delivery of benefits and instructions regarding how the recipient may select or change his or her preferred method of electronic delivery of benefits and that the recipient shall be given the opportunity to select the method prior to the first payment.
(6)That a recipient may be entitled to an alternative method of delivery if the recipient demonstrates an inability to use an electronic benefits transfer card or other aspect of the system because of disability, language, lack of access, or other barrier pursuant to subdivision (d) and instructions regarding how to determine whether the recipient qualifies for an alternative method of delivery.
(7)That a recipient may be entitled to an exemption from the three-day staggering requirement under subdivision (c) on a case-by-case basis for hardship pursuant to subdivision (o) and instructions regarding how to determine whether the recipient qualifies for the exemption.
(r)A county is in compliance with subdivision (q) if it provides the recipient a copy of the information developed by the department. A county may provide a recipient information, in addition to the copy of the information developed by the department, pursuant to subdivision (q), either verbally or in writing, if the county determines the additional information will benefit the recipients understanding of the information provided.
SEC. 4.Section 18904.3 of the Welfare and Institutions Code is amended to read:18904.3.(a)Where private nonprofit organizations are
(a)If a private nonprofit organization or a public postsecondary educational institution is successful in raising money for CalFresh outreach activities and have has secured a local governmental agency to serve as the contracting agency, the department shall, upon request and subject to approval by the United States Department of Agriculture, act as their the organizations or institutions state entity for receipt of matching funds.
(b)Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
SEC. 5.Section 18995 of the Welfare and Institutions Code is amended to read:18995.(a)On and after January 1, 2012, the State Department of Social Services shall establish and administer the State Emergency Food Assistance Program (SEFAP). The SEFAP shall provide food and funding for the provision of emergency food to food banks established pursuant to the federal Emergency Food Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing primary function is to facilitate the distribution of food to low-income households.
(b)(1)The State Emergency Food Assistance Program Account is hereby established in the Emergency Food Assistance Program Fund established pursuant to Section 18852 of the Revenue and Taxation Code, and may receive federal funds and voluntary donations or contributions.
(c)
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, the following shall apply:
(1)
(A)All moneys received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP and, with the exception of those contributions made pursuant to Section 18851 of the Revenue and Taxation Code and funds received through Parts 250 and 251 of Title 7 of the Code of Federal Regulations, shall be used for the purchase, storage, and transportation of food grown or produced in California. Storage and transportation expenditures shall not exceed 10 percent of the SEFAP funds annual budget.
(2)
(B)Notwithstanding paragraph (1), funds received by the State Emergency Food Assistance Program Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to the SEFAP as described in paragraph (1), and shall, in part, be used to pay for the departments administrative costs associated with the administration of the SEFAP.
(c)(1)The Public Higher Education Pantry Assistance Program Account is hereby established in the Emergency Food Assistance Fund established pursuant to Section 18852 of the Revenue and Taxation Code.
(2)Notwithstanding Section 18853 of the Revenue and Taxation Code, funds in the Public Higher Education Pantry Assistance Account shall, upon appropriation by the Legislature, be allocated to the State Department of Social Services for allocation to food banks established pursuant to Parts 250 and 251 of Title 7 of the Code of Federal Regulations that meet both of the following criteria:
(A)The primary function of the food bank is the distribution of food to low-income households.
(B)The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
|
Date
|
Status
|
|---|---|
| Aug 17, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 19 pursuant to Assembly Rule 77. |
| Jun 9, 2016 | Referred to Coms. on ED. and HUMAN S. |
| Jun 22, 2016 | From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 9. Noes 0.) (June 22). Re-referred to Com. on HUMAN S. |
| Jun 29, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 28). |
| Jun 30, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 1, 2016 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Aug 2, 2016 | Read second time. Ordered to third reading. |
| Aug 15, 2016 | Read third time and amended. Ordered to second reading. |
| Aug 16, 2016 | Read second time. Ordered to third reading. |
| Jun 6, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7. Page 5052.). |
| Aug 17, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 7.). |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 23, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 67. Noes 13. Page 6124.). |
| Aug 30, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 12, 2016 | Approved by the Governor. |
| Sep 12, 2016 | Chaptered by Secretary of State - Chapter 290, Statutes of 2016. |
| May 11, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended. |
| Feb 3, 2016 | From printer. May be heard in committee March 4. |
| Feb 25, 2016 | Referred to Coms. on HUM. S. and HIGHER ED. |
| Mar 28, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 29, 2016 | Re-referred to Com. on HUM. S. |
| Mar 30, 2016 | From committee: Do pass and re-refer to Com. on HIGHER ED. (Ayes 5. Noes 1.) (March 29). Re-referred to Com. on HIGHER ED. |
| Apr 4, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Apr 5, 2016 | Re-referred to Com. on HIGHER ED. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 12). Re-referred to Com. on APPR. |
| Feb 2, 2016 | Read first time. To print. |
| May 12, 2016 | Re-referred to Com. on APPR. |
| May 18, 2016 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 27, 2016 | From committee: Amend, and do pass as amended. (Ayes 14. Noes 5.) (May 27). |
| May 31, 2016 | Read second time and amended. Ordered returned to second reading. |
| Jun 1, 2016 | Read second time. Ordered to third reading. |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 7. Page 5216.) |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 7.) |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 23, 2016 | AB 1747 WEBER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 17, 2016 | Assembly 3rd Reading AB1747 Weber By Hancock | Senate Floor |
Passed |
|
| Jun 28, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| Jun 22, 2016 | Do pass, but first be re-referred to the Committee on [Human Services] | Senate Standing Committee on Education |
Passed |
|
| Jun 2, 2016 | AB 1747 WEBER Assembly Third Reading | Assembly Floor |
Passed |
|
| May 27, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 12, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
|
| Mar 29, 2016 | Do pass and be re-referred to the Committee on [Higher Education] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alameda County Community Food Bank | ** Support | Aug 17, 2016 |
| American Federation of State, County and Municipal Employees | ** Support | Aug 17, 2016 |
| American Red Cross | * Support | Jun 20, 2018 |
| Association Of California School Administrators | * Support | Jun 20, 2018 |
| Bay Area Student Activists | * Support | Jun 20, 2018 |
| California Association Of Food Banks | ** Support | Aug 17, 2016 |
| California Bankers Association | ** Against | Jun 2, 2016 |
| California Charter School's Association | * Support | Jun 20, 2018 |
| California Credit Union League | ** Against | Jun 2, 2016 |
| California Faculty Association | ** Support | Jun 22, 2016 |
| California Federation Of Teachers | ** Support | Jun 2, 2016 |
| California Food Policy Advocates | ** Support | Aug 17, 2016 |
| California Health+ Advocates | ** Support | Jun 22, 2016 |
| California Immigrant Policy Center | ** Support | Jun 28, 2016 |
| California Primary Care Association | ** Support | Jun 2, 2016 |
| California Professional Firefighters | * Support | Jun 20, 2018 |
| California School Employees Association | * Support | Jun 20, 2018 |
| California State Student Association | * Support | Jun 28, 2016 |
| California State University | ** Support | Aug 17, 2016 |
| California Teacher's Association | * Support | Jun 20, 2018 |
| Coalition of California Welfare Rights Organizations | * Support | Jun 28, 2016 |
| Community Action Partnership of Orange County | ** Support | Jun 28, 2016 |
| Courage Campaign | ** Support | Jun 28, 2016 |
| Feeding America San Diego | ** Support | Aug 17, 2016 |
| Food Bank of Contra Costa and Solano | ** Support | Aug 17, 2016 |
| Food for People | * Support | Jun 28, 2016 |
| Former Foster Youth | ** Support | Jun 22, 2016 |
| HIGHER ED. | ** Against | Jun 2, 2016 |
| Hunger Action Los Angeles | ** Support | Aug 17, 2016 |
| Hunger Advocacy Network of San Diego | ** Support | Aug 17, 2016 |
| National Association Of Social Workers, California Chapter | ** Support | Aug 17, 2016 |
| National Organization Young Invincibles | * Support | Mar 29, 2016 |
| North County Transit District | * Support | Jun 14, 2016 |
| Orange County Food Access Coalition | ** Support | Jun 28, 2016 |
| St. Anthony Foundation | ** Support | Jun 28, 2016 |
| Student Senate for California Community Colleges. | * Support | Jun 22, 2016 |
| Student Trustee of Foothill Community College | * Support | Jun 22, 2016 |
| u None received. | ** Against | Jun 22, 2016 |
| University Of California Student Association | ** Support | Aug 17, 2016 |
| Western Center On Law And Poverty Inc. | ** Support | Aug 17, 2016 |
| Young Invincibles | ** Support | Aug 17, 2016 |
| Young Invincibles, West Coast | ** Support | Jun 22, 2016 |
| Yuba Community College District | * Support | Jun 22, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1747
Author:(Weber)
As Amended Ver:August 15, 2016
Majority vote
ASSEMBLY: | 70-7 | (June 2, 2016) | SENATE: | 30-7 | (August 17, 2016) |
Original Committee Reference: HUM. S.
SUMMARY: Requires a public or private postsecondary education institution located in a county that participates in the Restaurant Meals Program to increase access to and provide information about the program, as specified. Requires the Department of Social Services (DSS) to act as the state entity for receipt of federal reimbursement on behalf of an organization, institution, or agency that secures funds for CalFresh outreach activities, as specified. Creates the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program Fund and allocates account funds, as specified.
The Senate amendments:
- Require an approved food vendor participating in the Restaurant Meals Program and a county in which the program is operated to meet the requirements of the Restaurant Meals Program.
- Make technical changes regarding the inclusion of public postsecondary educational institutions as eligible for federal reimbursement, as specified, when securing funds for CalFresh outreach activities.
- Make chaptering amendments.
EXISTING LAW:
- Establishes the Electronic Benefits Transfer (EBT) Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (Welfare and Institutions Code (WIC 10065) et seq.)
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (WIC 18900 et seq.)
- Establishes the Restaurant Meals Program under the SNAP program to allow eligible homeless, disabled or elderly recipients to purchase hot, prepared food from participating restaurants. (7 United States Code Section 2020)
- Establishes the Emergency Food Assistance Program within the State Treasury and authorizes the Controller to transfer from the Personal Income Tax Fund to the Emergency Food Assistance Program Fund not in excess of the sum of the amounts designated by individuals as specified. (Revenue and Taxation Code (RTC) 18852)
FISCAL EFFECT: According the Senate Appropriations Committee, this bill was placed on the second reading file pursuant to Senate Rule 28.8.
COMMENTS:
CalFresh: CalFresh benefits are funded entirely by the federal government through the SNAP, and the United States Department of Agriculture (USDA) sets specific eligibility requirements for SNAP programs across the United States, including a gross and net income test, work requirements, and other documentation requirements. The maximum allowable gross income is 200% of the Federal Poverty Level (FPL). Households with elderly or disabled members are not subject to gross income criteria but must have a net monthly income at or below 100% of the FPL. Other households must meet both gross and net monthly income tests. CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration of the program.
Restaurant Meal Program: Under SNAP rules, recipients are limited to purchasing only non-prepared food items; however people who are homeless, elderly, or who have disabilities are less able to use SNAP food benefits in traditional ways due to the lack of necessary tools, appliances or physical abilities required to prepare their own meals. As a result of this, SNAP allows states to choose whether or not to offer a Restaurant Meal Program option, which allows SNAP recipients to purchase hot prepared food in authorized restaurants. California operates the largest Restaurant Meal Program and has allowed counties to utilize Restaurant Meal Programs as an option since 2003.
Food insecurity: Student hunger contributes to lower participation rates among low income students, and as such, students who are unable to meet their basic needs are less likely to perform as well in college or may be forced to drop out before graduating. According to a recent Washington Post article, the number of food banks opening on university and college campuses around the country is on the rise. A recent study conducted by the California State University system found that as much as 24% of the student population is food insecure, though exact numbers are unknown.
Need for this bill: According to the author, "Students from working class families and impoverished homes are some of best and brightest in the United States. For these young people, going to college may offer their only avenue to exit poverty. However, an increasing number of students face homelessness and food insecurity that, ultimately, hinders their success in college while increasing the likelihood of an incomplete post-secondary education. With everything that California has invested in higher education, students continue to face higher costs to attend California's colleges and universities. [This bill] will help curb additional hardship while increasing a student's ability to complete college. [This bill] is a first step towards alleviating student food insecurity by enacting several proposals that surfaced at the Assembly Select Committee on Campus Climate hearing in November 2015. At this hearing, the select committee heard about many issues related to student food insecurity and student homelessness from colleges and universities in San Diego County. It also became evident that every college and university handles these issues differently. [This bill] was conceived to help colleges and universities address these issues."
PRIOR LEGISLATION:
AB 832 (Weber) of 2013, would have required all convenience stores and bookstores at the California State University, the University of California, and community colleges to accept the use of EBT cards. It died in the Assembly Human Services Committee.
AB 756 (Mitchell) of 2011, would have prohibited surcharges on ATM (automated teller machine) withdrawals and POS transactions for CalWORKs recipients when they use their state-issued EBT card. It died in the Assembly Human Services Committee.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0004270
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1747
:
SENATE EDUCATION COMMITTEE: 9-0, 6/22/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
SENATE HUMAN SERVICES COMMITTEE: 4-1, 6/28/16
AYES: McGuire, Hancock, Liu, Nguyen
NOES: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-7, 6/2/16 - See last page for vote
SOURCE: Hunger Advocacy Network of San Diego
University of California Student Association
Western Center on Law and Poverty
Young Invincibles
DIGEST: This bill requires each public and private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for participation in this program.
Senate Floor Amendments of 8/15/16 add double-jointing language to avoid chaptering issues with AB 1577 (Eggman).
Existing law:
- Establishes the federal Supplemental Nutrition Assistance Program (SNAP) and the CalFresh program which administers the federal SNAP benefit program for families and individuals meeting income and other eligibility criteria. (Welfare and Institutions Code § 18900, et seq.)
- Establishes the Restaurant Meals Program within the SNAP program to allow eligible homeless, disabled or elderly SNAP (CalFresh in California) recipients to purchase hot, prepared food from participating restaurants. (United States Code, Title 7, § 2020)
This bill:
- Requires each public and private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program to do all of the following:
- Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
- Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
- If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the Department of Social Services.
- Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
- Provides that this bill does not require an institution to create, operate, or maintain an electronic benefits transfer system on behalf of on-campus food vendors.
- Requires approved food vendors and counties participating in the Restaurant Meals Program to meet the requirements of the Restaurant Meals Program.
- Establishes the Public Higher Education Pantry Assistance Program Account in the existing Emergency Food Assistance Fund, and requires funds in the pantry account, upon appropriation by the Legislature, to be allocated to the Department of Social Services for allocation to food banks that meet both of the following criteria:
- The primary function of the food bank is the distribution of food to low-income households.
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
- Requires the Department of Social Services, subject to the approval of the state’s outreach plan by the United States Department of Agriculture, to act as the state entity for receipt of federal reimbursement if a private non-profit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement.
- The primary function of the food bank is the distribution of food to low-income households.
- Includes double-jointing language to avoid chaptering issues with AB 1577 (Eggman).
Comments
Who is eligible to be served? The Restaurant Meals Program is restricted to people who are elderly, homeless, or disabled. This bill does not expand eligibility for the Restaurant Meals Program to students who are not elderly, homeless, or disabled. Staff understands that eligibility is determined by the federal United States Department of Agriculture, and therefore state statute cannot expand eligibility for the Restaurant Meals Program to students who are not elderly, homeless, or disabled. As a result, this bill applies only to individuals (including students) who are elderly, homeless, or disabled.
This bill does not limit participation in the Restaurant Meals Program on postsecondary education campuses to eligible students. Therefore, all eligible recipients (elderly, homeless, or disabled), regardless of whether or not the recipient is a student on that campus, would be able to access the approved food facilities on campuses. Senate Education Committee staff notes that a member of the general public may currently access a food facility on a campus without being a student, faculty or employee of that campus.
This bill does not modify or expand eligibility for CalFresh; a person accessing a Restaurant Meals Program on a postsecondary education campus would have to be enrolled in CalFresh.
Restaurant Meals Program. The Restaurant Meals Program is an option within the SNAP program to allow eligible elderly, homeless, or disabled SNAP (CalFresh in California) recipients to purchase hot, prepared food from participating restaurants. Participation in the Restaurant Meals Program by a county is voluntary, and requires a county that wishes to participate to submit a proposal for approval to the California Department of Social Services. Restaurants that apply to participate in this program must meet specific requirements, including entering into a Memorandum of Understanding with the county to delineate the responsibilities of each entity.
There are currently only six counties in California that have chosen to participate: Alameda, Los Angeles, Sacramento, San Diego, San Francisco, and Santa Clara counties. A participating county must specific requirements, including entering into a Memorandum of Understanding with the food vendor to delineate the responsibilities of each entity.
Existing efforts on public campuses. The University of California (UC) launched the Global Food Initiative, and in March 2015, the President of the UC allocated $75,000 per campus to support the effort. As part of the first phase, UC Global Food Initiative working groups are developing best practices, and the toolkits to implement them, that, once successfully deployed systemwide at UC, can be offered to schools and communities nationwide. Many UC campuses have food pantries and partner with local food banks.
The Chancellor of the California State University (CSU) commissioned a study to shed light on how CSU campuses were meeting the needs of displaced and food insecure students and to offer recommendations to ensure success and graduation for these students. The study found, among others, that student survey results showed 24% of students expressing they had food insecurities; 11 campuses had programs for food insecure students, ranging from small food pantries to large programs and services; five campuses incorporate students' needs as part of student success directives and the university mission; and, students who experienced food and/or housing instability reported high levels of stress and the need for single points of contact. [http://www.calstate.edu/acadaff/documents/serving displacedandfoodinsecurestudetnsinthecsujanuary20163.8.16.pdf]
It appears there is no systemwide coordinated effort to help combat student food insecurities issues at the California Community Colleges (CCC); however, some CCC campuses have various activities in place to address the needs of the students.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Hunger Advocacy Network of San Diego (co-source)
University of California Student Association (co-source)
Western Center on Law and Poverty (co-source)
Young Invincibles (co-source)
Alameda County Community Food Bank
American Federation of State, County and Municipal Employees
California Association of Food Banks
California Food Policy Advocates
California State University
Feeding America San Diego
Food Bank of Contra Costa and Solano
Hunger Action Los Angeles
National Association of Social Workers, California Chapter
OPPOSITION: (Verified 8/15/16)
None received
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Rendon
NOES: Travis Allen, Grove, Harper, Obernolte, Olsen, Patterson, Wagner
NO VOTE RECORDED: Bigelow, Beth Gaines, Steinorth
8/16/16 17:57:12
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1747
:
SENATE EDUCATION COMMITTEE: 9-0, 6/22/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
SENATE HUMAN SERVICES COMMITTEE: 4-1, 6/28/16
AYES: McGuire, Hancock, Liu, Nguyen
NOES: Berryhill
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-7, 6/2/16 - See last page for vote
SOURCE: Hunger Advocacy Network of San Diego
University of California Student Association
Western Center on Law and Poverty
Young Invincibles
DIGEST: This bill requires each public and private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for participation in this program.
Existing law:
- Establishes the federal Supplemental Nutrition Assistance Program (SNAP) and the CalFresh program which administers the federal SNAP benefit program for families and individuals meeting income and other eligibility criteria. (Welfare and Institutions Code § 18900, et seq.)
- Establishes the Restaurant Meals Program within the SNAP program to allow eligible homeless, disabled or elderly SNAP (CalFresh in California) recipients to purchase hot, prepared food from participating restaurants. (United States Code, Title 7, § 2020)
This bill:
- Requires each public and private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program to do all of the following:
- Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
- Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
- If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the Department of Social Services.
- Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
- Provides that this bill does not require an institution to create, operate, or maintain an electronic benefits transfer system on behalf of on-campus food vendors.
- Requires approved food vendors and counties participating in the Restaurant Meals Program to meet the requirements of the Restaurant Meals Program.
- Establishes the Public Higher Education Pantry Assistance Program Account in the existing Emergency Food Assistance Fund, and requires funds in the pantry account, upon appropriation by the Legislature, to be allocated to the Department of Social Services for allocation to food banks that meet both of the following criteria:
- The primary function of the food bank is the distribution of food to low-income households.
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
- Requires the Department of Social Services, subject to the approval of the state’s outreach plan by the United States Department of Agriculture, to act as the state entity for receipt of federal reimbursement if a private non-profit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement.
- The primary function of the food bank is the distribution of food to low-income households.
Comments
Who is eligible to be served? The Restaurant Meals Program is restricted to people who are elderly, homeless, or disabled. This bill does not expand eligibility for the Restaurant Meals Program to students who are not elderly, homeless, or disabled. Staff understands that eligibility is determined by the federal United States Department of Agriculture, and therefore state statute cannot expand eligibility for the Restaurant Meals Program to students who are not elderly, homeless, or disabled. As a result, this bill applies only to individuals (including students) who are elderly, homeless, or disabled.
This bill does not limit participation in the Restaurant Meals Program on postsecondary education campuses to eligible students. Therefore, all eligible recipients (elderly, homeless, or disabled), regardless of whether or not the recipient is a student on that campus, would be able to access the approved food facilities on campuses. Senate Education Committee staff notes that a member of the general public may currently access a food facility on a campus without being a student, faculty or employee of that campus.
This bill does not modify or expand eligibility for CalFresh; a person accessing a Restaurant Meals Program on a postsecondary education campus would have to be enrolled in CalFresh.
Restaurant Meals Program. The Restaurant Meals Program is an option within the SNAP program to allow eligible elderly, homeless, or disabled SNAP (CalFresh in California) recipients to purchase hot, prepared food from participating restaurants. Participation in the Restaurant Meals Program by a county is voluntary, and requires a county that wishes to participate to submit a proposal for approval to the California Department of Social Services. Restaurants that apply to participate in this program must meet specific requirements, including entering into a Memorandum of Understanding with the county to delineate the responsibilities of each entity.
There are currently only six counties in California that have chosen to participate: Alameda, Los Angeles, Sacramento, San Diego, San Francisco, and Santa Clara counties. A participating county must specific requirements, including entering into a Memorandum of Understanding with the food vendor to delineate the responsibilities of each entity.
Existing efforts on public campuses. The University of California (UC) launched the Global Food Initiative, and in March 2015, the President of the UC allocated $75,000 per campus to support the effort. As part of the first phase, UC Global Food Initiative working groups are developing best practices, and the toolkits to implement them, that, once successfully deployed systemwide at UC, can be offered to schools and communities nationwide. Many UC campuses have food pantries and partner with local food banks.
The Chancellor of the California State University (CSU) commissioned a study to shed light on how CSU campuses were meeting the needs of displaced and food insecure students and to offer recommendations to ensure success and graduation for these students. The study found, among others, that student survey results showed 24% of students expressing they had food insecurities; 11 campuses had programs for food insecure students, ranging from small food pantries to large programs and services; five campuses incorporate students' needs as part of student success directives and the university mission; and, students who experienced food and/or housing instability reported high levels of stress and the need for single points of contact. [http://www.calstate.edu/acadaff/documents/serving displacedandfoodinsecurestudetnsinthecsujanuary20163.8.16.pdf]
It appears there is no systemwide coordinated effort to help combat student food insecurities issues at the California Community Colleges (CCC); however, some CCC campuses have various activities in place to address the needs of the students.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Hunger Advocacy Network of San Diego (co-source)
University of California Student Association (co-source)
Western Center on Law and Poverty (co-source)
Young Invincibles (co-source)
Alameda County Community Food Bank
American Federation of State, County and Municipal Employees
California Association of Food Banks
California Food Policy Advocates
California State University
Feeding America San Diego
Food Bank of Contra Costa and Solano
Hunger Action Los Angeles
National Association of Social Workers, California Chapter
None received
ASSEMBLY FLOOR: 70-7, 6/2/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Waldron, Weber, Wilk, Williams, Wood, Rendon
NOES: Travis Allen, Grove, Harper, Obernolte, Olsen, Patterson, Wagner
NO VOTE RECORDED: Bigelow, Beth Gaines, Steinorth
8/3/16 18:49:57
**** END ****
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 1747
Author: | Weber | ||
Version: | May 31, 2016 | Hearing Date: | June 28, 2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Taryn Smith | ||
Subject: Food assistance: higher education students
SUMMARY
Requires and authorizes private and public postsecondary educational institutions to take a number of steps to facilitate student access to the federal Restaurant Meal Program and creates the new Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program.
ABSTRACT
Existing law:
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) within the US Department of Agriculture (USDA) to promote the general welfare and to safeguard the health and wellbeing of the nation’s population by raising the levels of nutrition among low-income households. It establishes SNAP eligibility requirements, including income that is at or below 130 percent of the federal poverty level and is a substantial limiting factor in permitting a recipient to obtain a more nutritious diet. (7CFR 271.1; 7 CFR 273.9)
- Establishes in California statute the CalFresh program to administer the provisions of federal SNAP benefits to families and individuals meeting specified criteria. (WIC 18900 et seq.)
- Establishes in the Electronic Benefits Transfer (EBT) Act a system for the distribution and use of public assistance benefits, such as CalFresh, and requires EBT access to be provided through automated teller machines (ATMs), point-of-sale devices and other devices that accept EBT transactions. (WIC 10065 et seq.)
- Requires California Department of Social Services (CDSS) to act as the state entity for receiving matching funds when a private nonprofit organization is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency, as specified. (WIC 18904.3)
- Establishes the Restaurant Meals Program under the SNAP program to allow eligible homeless, disabled or elderly recipients to purchase hot, prepared food from participating restaurants. (7 United States Code Section 2020)
- Establishes the Emergency Food Assistance Program within the State Treasury and authorizes the Controller to transfer from the Personal Income Tax Fund to the Emergency Food Assistance Program Fund not in excess of the sum of the amounts designated by individuals as specified. (Revenue and Taxation Code Section (RTC) 18852)
This bill:
- States Legislative intent to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
- Requires each public and private postsecondary education institution located in a county that participates in the Restaurant Meals Program to do all of the following:
- Apply and become an approved vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
- Annually provide all on-campus food vendors not operated by the institution with information about the Restaurant Meals Program and the manner in which to apply.
- If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by CDSS.
- Requires CDSS to act as the state entity for receiving matching funds if a private nonprofit organization or a public postsecondary educational institution is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency, as specified.
- Establishes the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program and requires the funds in the Pantry Account, upon appropriation by the Legislature, to be allocated to the CDSS for allocation to food banks the meet the following criteria:
- The primary function of the food bank is the distribution of food to low-income households; and
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this bill may result in minor and absorbable costs associated with applying to become an approved vendor for the Restaurant Meals Program.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, students from working class families and impoverished homes are some of best and brightest in the United States. For these young people, going to college may offer their only avenue to exit poverty, per the author. However, the author states, an increasing number of students face homelessness and food insecurity that, ultimately, hinders their success in college while increasing the likelihood of an incomplete post-secondary education.
Per the author, AB 1747 is a first step towards alleviating student food insecurity by enacting several proposals that surfaced at the Assembly Select Committee on Campus Climate hearing in November 2015. The select committee heard about many issues related to student food insecurity and student homelessness from colleges and universities in San Diego County and it became evident that every college and university handles these issues differently. AB 1747 was conceived to help colleges and universities address these issues, per the author.
Food insecurity
Food security is defined as having access by all members of the household at all times to enough food for an active, healthy life. Food insecure households are those in which the children or adults or both report limited access to food resulting in reduced quality or variety of diet (low food security), reduced food intake or disrupted eating patterns (very low food security).
According to a report issued by the USDA, 14 percent of American households were food insecure at least some time during 2014, including 5.6 percent with very low food security.[1] Another USDA report indicates that children living in a food insecure household face higher risks of health, psychosocial, and developmental problems compared to children in food secure households.[2]
There is increased evidence that low income students experiencing food insecurity are less likely to perform well in college and may be forced to drop out before graduating.
- According to a 2014 Washington Post article, the number of food banks opening on university and college campuses around the country has increased from only one in 2007 to 121 in 2014.[3]
- A study released in 2014 by the California State University system found that over half of students (59%) were food insecure at some point during the previous year. The study also found that having fair or poor health and having earned income below $15,000 per year was associated with food insecurity. In turn, good academic performance was inversely associated with food insecurity, per the study.[4]
- According to the 2012 UC Undergraduate Experience Survey, about 25 percent of UC San Diego students report that they “often” or “very often” skip meals in order to save money. As a result of the survey, the school opened an on-campus food pantry in February 2015.[5]
At least one national hunger relief organization, the College and University Food Bank Alliance, focuses its efforts exclusively on student food needs. The College and University Food Bank Alliance is a professional organization consisting of campus-based programs focused on alleviating food insecurity, hunger, and poverty among college and university students in the United States. The alliance provides support, training, and resources for campus food banks and pantries that primarily serve students. As of June 2016, there are more than 320 campus members of the College and University Food Bank Alliance, with more than 30 in California.
CalFresh
CalFresh provides monthly benefits to assist low-income households in purchasing food or food products intended for human consumption. CalFresh benefits are 100 percent federally funded and national eligibility standards and benefit levels are established by the federal government.
To participate in CalFresh, households must meet certain income-eligibility standards, work requirements, and other documentation requirements. The average monthly benefit for a CalFresh recipient in federal fiscal year 2015 was $126.83 per month, or $4.23 per day, according to the USDA. Households that receive or are eligible to receive cash assistance under CalWORKs or General Assistance/General Relief programs are categorically eligible for CalFresh.
CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration of the program. CalFresh currently serves approximately 4.4 million people, according to USDA data. Nonetheless, California’s participation rate has been ranked last or near last in the country for years, prompting concerns from the USDA, stories in the state’s newspapers and two Legislative hearings in 2014.
Electronic Benefit Transfer (EBT)
The EBT system automates the delivery, redemption, and reconciliation of public assistance benefits such as CalWORKs and CalFresh. EBT cards function like a bank-issued automated teller machine (ATM) cards. EBT cardholders can slide the card through a point-of-sale device, or use the card at an ATM. California EBT cards can be used at more than 15,000 businesses and over 54,000 ATMs in California.
Unlike other types of benefits that may be accessed through an EBT card, CalFresh benefits cannot be withdrawn as cash. CalFresh benefits can only be used to purchase food items to be prepared and consumed at home, as well as seeds and plants that can be grown at home and produce food.
Restaurant Meal Program
Recognizing that some recipients of SNAP (CalFresh in California) benefits do not have access to grocery stores or the tools necessary to prepare a hot meal, SNAP has created a voluntary Restaurant Meals Program to help expand food access to homeless, elderly or disabled individuals who do not have a place to store and cook food. The Restaurant Meals Program is voluntary. Currently, only Sacramento, Los Angeles, Alameda, San Francisco and Santa Clara counties operate Restaurant Meals programs. Participating restaurants generally serve fast food.
Counties authorize CalFresh recipients to receive Restaurant Meals benefits if they meet criteria, including homelessness, being elderly or having a disability. Under the program, authorized restaurants within participating counties may accept EBT payments from CalFresh recipients.
To participate in the Restaurant Meals Program, counties must submit a proposal for approval to CDSS. Once approved, counties can then enter into memorandums of understanding (MOUs) with restaurants located within the county. The MOU must contain a requirement that the restaurant offer low cost meals to these recipients. MOUs are also contingent on restaurants being authorized by USDA as a SNAP retailer. In order to be approved as a retailer, participating restaurants must include a copy of their MOU in their retailer application, limit sales to specific Restaurant Meals Program populations, offer meals at low cost and not charge SNAP recipients sales tax on these meals.
Who will be served?
USDA and CDSS do not collect data that would indicate how many Restaurant Meals Program-approved recipients are also students enrolled in public or private postsecondary institutions. However, according to recent research by the California State University, approximately 10,000 students identified themselves as homeless on their Free Application for Federal Student Aid in 2013-2014.[6] According to a story in Los Angeles Times, one in ten students California State University students is homeless.[7] Additionally, about 121,000 students enrolled in California’s community colleges were disabled in Fiscal Years 2013-14 and 2014-15. Low-income students who are already receiving meal benefits through their schools are not necessary precluded from receiving RMP benefits. Therefore these students could benefit from on-campus RMP food vendors.
Related legislation:
AB 832 (Weber, 2013) would have required all convenience stores and bookstores at the California State University, the University of California, and community colleges to accept EBT cards. It was held in the Assembly Human Services Committee.
COMMENTS
AB 1747 seeks to create greater access to food for Restaurant Meals Program recipients who are elderly, disabled or homeless by increasing the likelihood that restaurants or cafeterias on public and private postsecondary campuses will participate in the program.
It requires public institutions that administer their own on-campus prepared-food establishments (like a cafeteria) in counties that participate in the Restaurant Meals Program, to apply for approval. The bill would also require that public and private postsecondary institutions operating in counties that participate in the program to provide information to on-campus prepared food vendors about the program. Additionally, the bill requires public and private postsecondary institutions with approved on-campus Restaurant Meals Program vendors to annually advise students about the program.
The program is restricted to people who are elderly, homeless or disabled, per federal law. This bill does not expand eligibility for the program to students who do not meet eligibility criteria. However, it would facilitate newly approved Restaurant Meals Program food facilities on campuses, thereby increasing access for benefit recipients – regardless of whether they are enrolled in classes on the campus - to approved food facilities on campus.
In addition to expanding awareness of the program on postsecondary campuses throughout the state, this bill would establish a fund to support partnerships between food banks and on-campus food kitchens. If appropriated, the fund would allow local partnerships to increase the amount of food available to hungry students.
The committee suggests the following clarifying amendments:
- An analysis prepared by Senate Education Committee suggests that the bill might be amended to require on-campus food vendors and counties that participate in the program to meet existing requirements and standards for the program. Therefore the following amendments are suggested:
Education Code section 66025.93
(a) Each public or private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program established pursuant to Section 2020 of Title 7 of the United States Code shall do all of the following:
(1) Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
(2) Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
(3) If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the State Department of Social Services.
(b) This section does not require an institution to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
(c) An approved food vendor participating in the Restaurant Meals Program pursuant to this section, and the county in which the program is operated, shall meet the requirements of the Restaurant Meal Program as determined by the United States Department of Agriculture.
- This bill contains language referencing federal matching dollars for CalFresh outreach. According to CDSS, the federal government does not provide matching funds for CalFresh outreach. Instead, the state receives reimbursements. Additionally, counties are not reimbursed for CalFresh outreach activities. Therefore, following technical amendments are suggested in order to more closely reflect current law and practices:
Welfare and Institutions Code section 18904.3
(a) If a private nonprofit organization, or a public postsecondary educational institution, or other state or local agency is successful in raising money secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement and has secured a local governmental agency to serve as the contracting agency complies with contracting requirements established in state and federal law, the department shall, upon request and subject to approval of the state’s outreach plan by the United States Department of Agriculture, act as the organization’s, or institution’s, or agency’s state entity for receipt of matching funds federal reimbursement. (b) Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.
PRIOR VOTES
Assembly Floor: | 70 - 7 |
Assembly Appropriations Committee: | 14 - 5 |
Assembly Human Services Committee: | 5 - 1 |
POSITIONS
Support:
Western Center on Law and Poverty (Sponsor)
California Food Policy Advocates
California Immigrant Policy Center
Community Action Partnership of Orange County
Courage Campaign
National Association for the Education of Homeless Children and Youth (NOEHCY)
Orange County Food Access Coalition
San Diego Hunger Advocacy Network
St. Anthony Foundation
The American Federation of State, County and Municipal Employees (AFSCME)
The California Primary Care Association
The California State Student Association
The California State University (CSU)
The California State University (CSU)
The Food Bank of Contra Costa and Solano
The National Association of Social Workers, California Chapter
The San Diego Hunger Advocacy Network
The University of California Student Association
Oppose:
None.
-- END --
http://www.ers.usda.gov/media/1896841/err194.pdf ↑
http://www.ers.usda.gov/media/155368/eib56_1_.pdf ↑
https://www.washingtonpost.com/local/more-college-students-battle-hunger-as-education-and-living-costs-rise/2014/04/09/60208db6-bb63-11e3-9a05-c739f29ccb08_story.html ↑
http://ir.library.oregonstate.edu/xmlui/handle/1957/45177 ↑
http://ucsdnews.ucsd.edu/feature/triton_food_pantry_opens_at_uc_san_diego ↑
https://presspage-production-content.s3.amazonaws.com/uploads/1487/cohomelessstudy.pdf?10000 ↑
http://www.latimes.com/local/lanow/la-me-cal-state-homelessness-20160620-snap-story.html ↑
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No:
Author: | Weber | ||
Version: | Hearing Date: June 22, 2016 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
NOTE: This bill has been referred to the Committees on Education and Human Services. A "do pass" motion should include referral to the Committee on Human Services.
SUMMARY
This bill requires each public and private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for participation in this program.
BACKGROUND
Existing law:
- Establishes the federal Supplemental Nutrition Assistance Program (SNAP) and the CalFresh program which administers the federal SNAP benefit program for families and individuals meeting income and other eligibility criteria.
(Welfare and Institutions Code § 18900, et seq.)
- Establishes the Restaurant Meals Program within the SNAP program to allow eligible homeless, disabled or elderly SNAP (CalFresh in California) recipients to purchase hot, prepared food from participating restaurants.
(United States Code, Title 7, § 2020)
ANALYSIS
This bill requires each public and private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for participation in this program. Specifically, this bill:
- Requires each public and private postsecondary education institution that is located in a county that participates in the Restaurant Meals Program to do all of the following:
- Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
- Annually provide all on-campus food vendors not operated by the institution with information regarding the Restaurant Meals Program and the manner in which to apply.
- If an on-campus food vendor has been approved to participate in the Restaurant Meals Program, annually inform students about the program using information provided by the Department of Social Services.
- Apply to become an approved food vendor for the Restaurant Meals Program, if the institution operates any qualifying food facility on campus.
- Provides that this bill does not require an institution to create, operate, or maintain an electronic benefits transfer system on behalf of on-campus food vendors.
- Establishes the Public Higher Education Pantry Assistance Program Account in the existing Emergency Food Assistance Fund, and requires funds in the pantry account, upon appropriation by the Legislature, to be allocated to the Department of Social Services for allocation to food banks that meet both of the following criteria:
- The primary function of the food bank is the distribution of food to low-income households.
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
- The primary function of the food bank is the distribution of food to low-income households.
- Requires the Department of Social Services to act as the public postsecondary education institution’s state entity for receipt of matching funds if the institution is successful in raising money for CalFresh outreach activities and has secured a local governmental agency to serve as the contracting agency.
STAFF COMMENTS
- Need for the bill. According to the author, “An increasing number of students face homelessness and food insecurity that, ultimately, hinders their success in college while increasing the likelihood of an incomplete postsecondary education. In January 2016, the California State University (CSU) released results from a study to determine how well CSU campuses are meeting the needs of homeless and food insecure students. Student survey results found that 24% of students were food insecure. Student food insecurity and student homelessness issues were also topics in November 2015, at an Assembly Select Committee on Campus Climate hearing in San Diego. The select committee heard about issues related to student food insecurity and student homelessness from colleges and universities in San Diego County. It became evident that every college and university handles these issues differently.”
- Who is eligible to be served? The Restaurant Meals Program is restricted to people who are elderly, homeless, or disabled. This bill does not expand eligibility for the Restaurant Meals Program to students who are not elderly, homeless, or disabled. Staff understands that eligibility is determined by the federal United Stated Department of Agriculture, and therefore state statute
cannot expand eligibility for the Restaurant Meals Program to students who are not elderly, homeless, or disabled. As a result, this bill would apply only to individuals (including students) who are elderly, homeless, or disabled.
This bill does not limit participation in the Restaurant Meals Program on postsecondary education campuses to eligible students. Therefore, all eligible recipients (elderly, homeless, or disabled), regardless of whether or not the recipient is a student on that campus, would be able to access the approved food facilities on campuses. Staff notes that a member of the general public may currently access a food facility on a campus without being a student, faculty or employee of that campus.
This bill does not modify or expand eligibility for CalFresh; a person accessing a Restaurant Meals Program on a postsecondary education campus would have to be enrolled in CalFresh.
- Restaurant Meals Program. The Restaurant Meals Program is an option within the Supplemental Nutrition Assistance Program (SNAP) program to allow eligible elderly, homeless, or disabled SNAP (CalFresh in California) recipients to purchase hot, prepared food from participating restaurants. Participation in the Restaurant Meals Program by a county is voluntary, and requires a county that wishes to participate to submit a proposal for approval to the California Department of Social Services (DSS). Restaurants that apply to participate in this program must meet specific requirements, including entering into a Memorandum of Understanding with the county to delineate the responsibilities of each entity. Staff recommends an amendment to require a food vendor on a postsecondary education institution that participates in the Restaurant Meals Program to meet the existing requirements and standards for the Restaurant Meals Program. This bill has been double-referred to the Human Services Committee; due to timing, this amendment should be adopted in the Human Services Committee.
- County participation. Participation by counties in the Restaurant Meals Program is voluntary. There are currently only six counties in California that have chosen to participate: Alameda, Los Angeles, Sacramento, San Diego, San Francisco, and Santa Clara counties. A participating county must specific requirements, including entering into a Memorandum of Understanding with the food vendor to delineate the responsibilities of each entity. Staff recommends an amendment to require a county that participates in the Restaurant Meals Program to meet the existing requirements and standards for the Restaurant Meals Program. This bill has been double-referred to the Human Services Committee; due to timing, this amendment should be adopted in the Human Services Committee.
- Qualifying food facility. This bill requires postsecondary education institutions to apply to participate in the Restaurant Meals Program for food facilities operated by institutions (not for food facilities operated by a vendor). This bill requires institutions to provide information to food facilities operated by a vendor
about the Restaurant Meals Program and how to apply to participate. Should the next contract with the vendor include a requirement that the vendor apply to participate in the Restaurant Meals Program?
- Existing efforts on public campuses. The University of California (UC) launched the Global Food Initiative, and in March 2015, the President of the UC allocated $75,000 per campus to support the effort. As part of the first phase, UC Global Food Initiative working groups are developing best practices, and the toolkits to implement them, that, once successfully deployed systemwide at UC, can be offered to schools and communities nationwide. Many UC campuses have food pantries and partner with local food banks.
The Chancellor of the California State University (CSU) commissioned a study to shed light on how CSU campuses were meeting the needs of displaced and food insecure students and to offer recommendations to ensure success and graduation for these students. The study found, among others, that student survey results showed 24% of students expressing they had food insecurities; 11 campuses had programs for food insecure students, ranging from small food pantries to large programs and services; five campuses incorporate students' needs as part of student success directives and the university mission; and, students who experienced food and/or housing instability reported high levels of stress and the need for single points of contact. [http://www.calstate.edu/acadaff/documents/servingdisplacedandfoodinsecurestudetnsinthecsujanuary20163.8.16.pdf]
It appears there is no systemwide coordinated effort to help combat student food insecurities issues at the California Community Colleges (CCC); however, some CCC campuses have various activities in place to address the needs of the students. - Fiscal impact. According to the Assembly Appropriations Committee, this bill may result in minor and absorbable costs associated with applying to become an approved vendor for the Restaurant Meals Program.
- Prior legislation. AB 832 (Weber, 2013) required all convenience stores and bookstores located on campuses of the CSU, UC, and the CCCs to accept the use of electronic benefits transfer cards. AB 832 was never heard.
SUPPORT
American Federation of State, County and Municipal Employees
California Association of Food Banks
California Faculty Association
California Food Policy Advocates
California Health+ Advocates
California Immigrant Policy Center
California State Student Association
California State University
Feeding America San Diego
National Association of Social Workers, California Chapter
San Diego Hunger Advocacy Network
Western Center on Law & Poverty
Young Invincibles, West Coast
OPPOSITION
None received.
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1747
Author:(Weber)
As Ver:May 31, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 5-1 | Bonilla, Calderon, Lopez, Mark Stone, Thurmond | Maienschein |
Higher Education | 11-0 | Medina, Bloom, Chávez, Irwin, Jones-Sawyer, Levine, Linder, Low, Santiago, Weber, Williams | |
Appropriations | 14-5 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Daly, Eggman, Eduardo Garcia, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Jones, Obernolte, Wagner |
SUMMARY: Requires and authorizes private and public postsecondary educational institutions to take a number of steps to facilitate student access to nutrition programs.
Specifically, this bill:
- States Legislative intent to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
- Requires a public or private postsecondary education institution located in a county that participates in the Restaurant Meals Program to increase access to and provide information about the Restaurant Meals Program on campus, as specified.
- Specifies that a public or private postsecondary education institution is not required to create, operate, or maintain an Electronic Benefit Transfer (EBT) system on behalf of on-campus food vendors pursuant to provisions of this bill.
- Allows public postsecondary educational institutions that are successful in raising money for CalFresh outreach activities to receive matching funds from the United States Department of Agriculture (USDA), as specified.
- Creates the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program, as specified.
- Allocates funds in the Public Higher Education Pantry Assistance account, as specified, to food banks if:
- The primary function of the food bank is the distribution of food to low-income households; and
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
EXISTING LAW:
- Establishes the EBT Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (Welfare and Institutions Code Section (WIC) 10065 et seq.)
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (WIC 18900 et seq.)
- Establishes the Restaurant Meals Program under the SNAP program to allow eligible homeless, disabled or elderly recipients to purchase hot, prepared food from participating restaurants. (7 United States Code Section 2020)
- Establishes the Emergency Food Assistance Program within the State Treasury and authorizes the Controller to transfer from the Personal Income Tax Fund to the Emergency Food Assistance Program Fund not in excess of the sum of the amounts designated by individuals as specified. (Revenue and Taxation Code Section (RTC) 18852)
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in minor and absorbable costs associated with applying to become an approved vendor for the Restaurant Meals Program.
COMMENTS:
Electronic Benefit Transfer (EBT): EBT is an electronic system that automates the delivery, redemption, and reconciliation of issued public assistance benefits such as CalWORKs. EBT is also the method for distributing Cal Fresh benefits (formerly known as Food Stamps and currently known federally as Supplemental Nutrition Assistance Program (SNAP)). EBT is currently used in all 50 states. In California, CalWORKs and CalFresh recipients access their benefits via what has been named the Golden State Advantage EBT card. Like a bank-issued automated teller machine (ATM) card, the cardholder slides this card through a point-of-sale (POS) device, or uses the card at an ATM.
CalFresh: CalFresh benefits are funded entirely by the federal government through the SNAP, and the USDA sets specific eligibility requirements for SNAP programs across the United States, including a gross and net income test, work requirements, and other documentation requirements. The maximum allowable gross income is 200% of the Federal Poverty Level (FPL). Households with elderly or disabled members are not subject to gross income criteria but must have a net monthly income at or below 100% of the FPL. Other households must meet both gross and net monthly income tests. CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration of the program.
Benefits are made available on a monthly basis for food purchase through an ATM-like electronic benefits transfer (EBT) card. However, unlike other types of benefits that may be accessed through an EBT card, CalFresh benefits cannot be withdrawn in cash at point-of-sale terminals or at ATM machines. CalFresh benefits can only be used to purchase food items to be prepared and consumed at home, as well as seeds and plants that can be grown at home and produce food. The average monthly benefit for a CalFresh recipient is $144.35 per month, or $4.81 per person per day.
Restaurant Meal Program: Under SNAP rules, recipients are limited to purchasing only non-prepared food items; however people who are homeless, elderly, or who have disabilities are less able to use SNAP food benefits in traditional ways due to the lack of necessary tools, appliances or physical abilities required to prepare their own meals. As a result of this, SNAP allows states to choose whether or not to offer a Restaurant Meal Program option, which allows SNAP recipients to purchase hot prepared food in authorized restaurants. California operates the largest Restaurant Meal Program and has allowed counties to utilize Restaurant Meal Programs as an option since 2003.
Food insecurity: Student hunger contributes to lower participation rates among low income students, and as such, students who are unable to meet their basic needs are less likely to perform as well in college or may be forced to drop out before graduating. According to a recent Washington Post article, the number of food banks opening on university and college campuses around the country is on the rise. A recent study conducted by the California State University system found that as much as 24% of the student population is food insecure, though exact numbers are unknown.
Need for this bill: According to the author, "Students from working class families and impoverished homes are some of best and brightest in the United States. For these young people, going to college may offer their only avenue to exit poverty. However, an increasing number of students face homelessness and food insecurity that, ultimately, hinders their success in college while increasing the likelihood of an incomplete post-secondary education. With everything that California has invested in higher education, students continue to face higher costs to attend California's colleges and universities. [This bill] will help curb additional hardship while increasing a student's ability to complete college. [This bill] is a first step towards alleviating student food insecurity by enacting several proposals that surfaced at the Assembly Select Committee on Campus Climate hearing in November 2015. At this hearing, the select committee heard about many issues related to student food insecurity and student homelessness from colleges and universities in San Diego County. It also became evident that every college and university handles these issues differently. [This bill] was conceived to help colleges and universities address these issues."
PRIOR LEGISLATI ON:
AB 832 (Weber), of 2013, would have required all convenience stores and bookstores at the California State University, the University of California, and community colleges to accept the use of EBT cards. It died in the Assembly Human Services Committee.
AB 756 (Mitchell), of 2011, would have prohibited surcharges on ATM withdrawals and POS transactions for CalWORKs recipients when they use their state-issued EBT card. It died in the Assembly Human Services Committee.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0003317
Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 1747
Author:(Weber) – As Amended Ver:May 11, 2016
Policy Committee: | Human Services | Vote: | 5 - 1 |
Higher Education | 11 - 0 | ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY: This bill requires, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution to take a number of steps to facilitate student access to nutrition programs. Specifically, this bill:
- Requires a public or private postsecondary education institution, as a condition of its participation in the Cal Grant Program, to do all of the following:
- Ensure campus access to surcharge-free transactions using the electronic benefits transfer (EBT) system, except for the imposition of a surcharge by an owner or operator, other than the institution, of an automated teller machine on a campus, or an issuer of an EBT card, if otherwise permitted by law.
- Increase access to, and information about, the Restaurant Meals Program on campus, as specified; and
- Specifies that a public or private postsecondary education institution is not required to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
- Allows public postsecondary educational institutions that are successful in raising money for CalFresh outreach activities to receive matching funds from the United States Department of Agriculture, as specified.
- Creates the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program, and allocates funds in the account to food banks if:
- The primary function of the food bank is the distribution of food to low-income households; and
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
FISCAL EFFECT:
- Community Colleges. Unknown one-time costs to California Community Colleges, likely in the high tens of thousands of dollars (GF/Prop 98), to install and set up stand-alone terminals and design and implement the system administratively. Ongoing costs, likely in the hundreds of thousands of dollars (GF/Prop 98) to cover associated fees and operating costs. There are 72 community college districts and 113 campuses statewide. Assuming a cost of approximately $250 per terminal, one terminal on each of the 113 campuses would cost approximately $28,250. This would be higher if to the extent each campus had multiple terminals. Vendor fees will likely be approximately $200,000 annually statewide based on available data.
This bill conditions receipt of state funds for student financial aid on community college districts providing surcharge-free EBT access on each campus. If a community college district submits a claim for reimbursement, the Commission on State Mandates could determine activities related this requirement to be a reimbursable mandate based on practical compulsion – that there is no reasonable alternative but to comply with bill's requirement.
- California State University (CSU). Unknown one-time costs to the CSU, likely in the thousands of dollars (GF), to install and set up stand-alone terminals and pay vendor fees. Assuming a cost of approximately $250 per terminal, one terminal on each of the 23 campuses would cost approximately $5,750. This number could vary as some campuses may already have terminals and others may want more than one. On-going costs to cover vendor fees, likely be in the low thousands of dollars (GF) per campus annually, based on available data.
- University of California (UC). Unknown one-time costs to the UC, likely in the hundreds of thousands of dollars (GF), to install and set up stand-alone terminals and to make software and hardware adjustments to campus infrastructure. Assuming one terminal on each of the 10 campuses, total cost would be approximately $2,500. On-going costs to pay vendor fees, likely in the low thousands of dollars (GF) per campus annually, based on available data. In addition, UC anticipates on-going costs of approximately $500,000 for 0.5 FTE staff per campus to coordinate with departments and ensure compliance with the bill's requirements.
- Minor and absorbable costs associated with applying to become an approved vendor for the Restaurant Meals Program.
COMMENTS:
- Purpose. This bill seeks to address the growing incidence of hunger among low-income college students in California. A growing number of college students are enrolled in SNAP, but few students who receive SNAP benefits can purchase food on college campuses. According to a December 2015 report, by Wisconsin Hope Lab, entitled, "Hungry to Learn: Addressing Food and Housing Insecurity Among Undergraduates," of a survey of more than 4,000 undergraduates at 10 community colleges across the nation, half of all of the respondents reported that they struggle with food and/or housing insecurity. The report also found that 20 percent of the student respondents indicated that they are hungry.
- Electronic Benefit Transfer (EBT). EBT is an electronic system that automates the delivery, redemption, and reconciliation of issued public assistance benefits such as CalWORKs and Cal Fresh benefits. EBT is currently used in all 50 states. In California, CalWORKs and CalFresh recipients access their benefits via what has been named the Golden State Advantage EBT card. Like a bank-issued automated teller machine (ATM) card, the cardholder slides this card through a point-of-sale (POS) device, or uses the card at an ATM.
Under existing law, the electronics benefit processor cannot charge a recipient a fee for cash transactions until after the fourth transaction within a month; however surcharges for subsequent transactions currently range from $1.00 to $3.50. In 2014-15, low-income Californians paid more than $19 million in EBT related surcharge fees to banks, according to data from the California Department of Social Services.
This bill requires an education institution to ensure surcharge-free EBT access on each campus, except that banks can continue to impose their surcharges.
- CalFresh. CalFresh benefits are funded by the federal government through the Supplemental Nutrition Assistance Program (SNAP), and the United States Department of Agriculture (USDA) sets specific eligibility requirements for SNAP programs across the United States. The maximum allowable gross income is 200% of the Federal Poverty Level (FPL). CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration of the program. Benefits are made available on a monthly basis for food purchase through an ATM-like EBT card. However, unlike other types of benefits that may be accessed through an EBT card, CalFresh benefits cannot be withdrawn in cash at point-of-sale terminals or at ATM machines. The average monthly benefit for a CalFresh recipient is $144.35 per month, or $4.81 per person per day.
- Restaurant Meal Program: Under SNAP rules, recipients are limited to purchasing only non-prepared food items; however some people are less able to use SNAP food benefits in traditional ways due to the lack of necessary tools, appliances or physical abilities required to prepare their own meals. Accordingly, SNAP allows states to participate in the Restaurant Meal Program option, which allows SNAP recipients to purchase hot prepared food in authorized restaurants. California operates the largest Restaurant Meal Program and has allowed counties to utilize this option since 2003.
This bill requires education institutions located in counties that participate in the Restaurant Meals Program to apply to become an approved food vendor if they have a qualifying food facility on campus, and to provide information to all their on-campus food vendors regarding the Program, including how to apply.
- Prior Legislation.
- AB 832 (Weber), 2013, would have required all convenience stores and bookstores at the California State University, the University of California, and community colleges to accept the use of EBT cards. It was held in the Assembly Human Services Committee.
- AB 756 (Mitchell), 2011, would have prohibited surcharges on ATM withdrawals and POS transactions for CalWORKs recipients when they use their state-issued EBT card. It was held in the Assembly Human Services Committee.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 1747 (
Author:Weber) – As Amended Ver:April 4, 2016
SUBJECT: Food assistance: higher education students.
SUMMARY: Requires, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution to take a number of steps to facilitate student access to nutrition programs. Specifically, this bill:
- States that the Legislature intends to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
- Requires, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution, to do both of the following:
- Ensure that on each campus there is access to surcharge-free transactions using the electronic benefits transfer (EBT) system, as specified; and,
- Increase access to and information about the Restaurant Meals Program on campus, as specified.
- Specifies that a public or private postsecondary education institution is not required to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
- Stipulates that the provisions of this bill shall apply only to contracts renewed or entered into on or after January 1, 2017, to the extent any contract would be substantially impaired as a result of the new requirements.
- Allows private nonprofit or public postsecondary educational institutions that are successful in raising money for CalFresh outreach activities to receive matching funds from the United States Department of Agriculture, as specified.
- Creates the Public Higher Education Pantry Assistance Program Account (PHEPAPA) in the Emergency Food Assistance Program (EFAP); and, stipulates that, upon appropriation by the Legislature, funds in the PHEPAPA shall be allocated to the State Department of Social Services for allocation to food banks, as specified, that meet both of the following criteria:
- The primary function of the food bank is the distribution of food to low-income households; and,
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
EXISTING LAW:
- Authorizes the Cal Grant Program, administered by the California Student Aid Commission (CSAC), to provide grants to financially needy students to attend college. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The Program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs; eligibility is based upon financial need, grade point average, residency, and other eligibility criteria, as specified (Education Code (EC) Section 69430, et seq.).
- Requires institutions to meet specified criteria in order to participate in the Cal Grant Program, as specified (EC 69432.7).
- Establishes the EFAP within the State Treasury; and, authorizes the Controller to transfer from the Personal Income Tax Fund to the EFAP Fund not in excess of the sum of the amounts designated by individuals, as specified (Revenue and Taxation Code Section 18852).
- Establishes the EBT Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh (Welfare and Institutions Code (WIC) 10065, et seq.).
- Establishes that an EBT recipient may be charged a fee for cash withdrawal transactions that exceed four per month, as specified, by state and federal law and customarily charged to other customers (WIC 10072).
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964; and, establishes in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified (WIC 18900, et seq.).
- Establishes the Restaurant Meals Program under SNAP to allow eligible homeless, disabled, or elderly recipients to purchase hot, prepared food from participating restaurants (7 U.S.C. Section 2020).
FISCAL EFFECT: Unknown
COMMENTS: Double referral. This measure was heard, and passed out of the Assembly Human Services Committee, with a vote of 5 -1, on March 29, 2016.
Background. A growing number of college students are enrolled in SNAP, but few students who receive SNAP benefits can purchase food on college campuses. According to a December 2015 report, by Wisconsin Hope Lab, entitled, "Hungry to Learn: Addressing Food and Housing Insecurity Among Undergraduates," of a survey of more than 4,000 undergraduates at 10 community colleges across the nation, half of all of the respondents reported that they struggle with food and/or housing insecurity. The report also found that 20 percent of the student respondents indicated that they are hungry.
Need for the measure. According to the author, "Hunger and homelessness among college students has grown in frequency in recent years. Meanwhile, the cost to attend a college or university has increased while opportunities for low-income Californians admitted into a state college or university has decreased."
This measure is the first step in supporting economic diversity at California’s colleges and universities to help improve graduation rates for low-income college students by ensuring they are eligible to have more access to fresh and health food while on campus.
Segments involvement to combat the hunger pains. The University of California (UC) has made tacking the issue of student hunger a priority. The UC launched the Global Food Initiative, and in March 2015, the UC President allocated $75,000 per campus to support the effort; looking inward, ensuring that its own students have food security, as it takes on the bigger issue of hunger around the world. Systemwide, UC campuses have begun surveying students in order to assess the scope of food security issues and have begun implementing short-term relief where needed as campuses explore long-term solutions that address student nutrition. Many UC campuses have food pantries and partner with local food banks.
The California State University (CSU) Chancellor commissioned in February 2015, a study to shed light on how CSU campuses were meeting the needs of displaced and food insecure students and to offer recommendations to ensure success and graduation for these students. The study found, among others, that student survey results showed 24 percent of students expressing they had food insecurities; 11 campuses had programs for food insecure students, ranging from small food pantries to large programs and services; five campuses incorporate students' needs as part of student success directives and the university mission; and, students who experienced food and/or housing instability reported high levels of stress and the need for single points of contact.
Committee staff understands that the California Community Colleges (CCC) does not have a systemwide plan to help combat student food insecurities issues; however, some CCC campuses have varying plans in place to help address the hunger needs of the students.
Previous legislation. AB 832 (Weber) of 2013, which was held in the Assembly Human Services Committee, would have required all convenience stores and bookstores at UC, CSU and the CCC to accept the use of EBT cards.
AB 756 (Mitchell) of 2011, which died in the Assembly Human Services Committee, would have prohibited surcharges on ATM withdrawals and point-of-sale transactions for CalWORKs recipients when using their state-issued EBT cards.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees
California Association of Food Banks
California Federation of Teachers
California Food Policy Advocates
California Immigrant Policy Center
California Primary Care Association
California State Student Association
Courage Campaign
Food Bank of Contra Costa and Solano
National Association for the Education of Homeless Children and Youth
National Association of Social Workers, California Chapter
Orange County Food Access Coalition
St. Anthony Foundation
University of California Student Association
Western Center on Law and Poverty
Young Invincibles
Opposition
California Bankers Association (based on prior version)
California Credit Union League (based on prior version)
Analysis Prepared by: Jeanice Warden / HIGHER ED. / (916) 319-3960
Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Susan Bonilla, Chair
ABPCA Bill Id:AB 1747 (
Author:Weber) – As Amended Ver:March 28, 2016
SUBJECT: Food assistance: higher education students
SUMMARY: This bill requires private and public postsecondary educational institutions to take a number of steps to facilitate student access to nutrition programs as a condition of Cal Grant Program eligibility.
Specifically, this bill:
- States Legislative intent to increase the college graduation rates of low-income Californians and to reduce the incidence of economic hardship and hunger among low-income college students.
- Requires a public or private postsecondary education institution, as a condition of its participation in the Cal Grant Program, to do all of the following:
- Ensure campus access to surcharge-free transactions using the electronic benefits transfer (EBT) system, as specified;
- Increase access to and information about the Restaurant Meals Program on campus, as specified; and
- Not enter into a contract with a bank or financial institution that imposes a fee or surcharge on a person using an EBT card.
- Specifies that a public or private postsecondary education institution is not required to create, operate, or maintain an EBT system on behalf of on-campus food vendors.
- Stipulates that the provisions of this bill shall apply only to contracts renewed or entered into on or after January 1, 2017, to the extent any contract would be substantially impaired as a result of the new requirements.
- Allows public postsecondary educational institutions that are successful in raising money for CalFresh outreach activities to receive matching funds from the United States Department of Agriculture, as specified.
- Creates the Public Higher Education Pantry Assistance Program Account in the Emergency Food Assistance Program, as specified.
- Allocates funds in the Public Higher Education Pantry Assistance account to food banks if:
- The primary function of the food bank is the distribution of food to low-income households; and
- The food bank has identified specific costs associated with supporting on-campus pantry and hunger relief efforts serving low-income students.
EXISTING LAW:
- Establishes the Electronic Benefits Transfer (EBT) Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (WIC 10065 et seq.)
- Establishes that an EBT recipient may be charged a fee for cash withdrawal transactions that exceed four per month as specified by state and federal law and customarily charged to other customers. (WIC 10072).
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (WIC 18900 et seq.)
- Establishes the Restaurant Meals Program under the SNAP program to allow eligible homeless, disabled or elderly recipients to purchase hot, prepared food from participating restaurants. (7 U.S.C. § 2020)
- Authorizes the Cal Grant program, administered by the California Student Aid Commission (CSAC), to provide grants to financially needy students to attend college. The Cal Grant programs include both the entitlement and the competitive Cal Grant awards. The program consists of the Cal Grant A, Cal Grant B, and Cal Grant C programs, and eligibility is based upon financial need, grade point average, residency, and other eligibility criteria, as specified. (EDC 69430 et seq.)
- Requires institutions to meet specified criteria in order to participate in the Cal Grant program, as specified. (EDC 69432.7)
- Establishes the Emergency Food Assistance Program within the State Treasury and authorizes the Controller to transfer from the Personal Income Tax Fund to the Emergency Food Assistance Program Fund not in excess of the sum of the amounts designated by individuals as specified. (RTC 18852)
FISCAL EFFECT: Unknown.
COMMENTS:
Electronic Benefit Transfer (EBT): EBT is an electronic system that automates the delivery, redemption, and reconciliation of issued public assistance benefits such as CalWORKs. EBT is also the method for distributing Cal Fresh benefits (formerly known as Food Stamps and currently known federally as Supplemental Nutrition Assistance Program (SNAP)). EBT is currently used in all 50 states. In California, CalWORKs and CalFresh recipients access their benefits via what has been named the Golden State Advantage EBT card. Like a bank-issued automated teller machine (ATM) card, the cardholder slides this card through a point-of-sale (POS) device, or uses the card at an ATM.
Under existing law, the electronics benefit processor cannot charge a recipient a fee for cash transactions until after the fourth transaction within a month; however surcharges for subsequent transactions currently range from $1.00 to $3.50. In 2014-15, low-income Californians paid more than $19 million in EBT related surcharge fees to banks, according to data from the California Department of Social Services.
CalFresh: CalFresh benefits are funded entirely by the federal government through the Supplemental Nutrition Assistance Program (SNAP), and the United States Department of Agriculture (USDA) sets specific eligibility requirements for SNAP programs across the United States, including a gross and net income test, work requirements, and other documentation requirements. The maximum allowable gross income is 200% of the Federal Poverty Level (FPL). Households with elderly or disabled members are not subject to gross income criteria but must have a net monthly income at or below 100% of the FPL. Other households must meet both gross and net monthly income tests. CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration of the program.
Benefits are made available on a monthly basis for food purchase through an ATM-like electronic benefits transfer (EBT) card. However, unlike other types of benefits that may be accessed through an EBT card, CalFresh benefits cannot be withdrawn in cash at point-of-sale terminals or at ATM machines. CalFresh benefits can only be used to purchase food items to be prepared and consumed at home, as well as seeds and plants that can be grown at home and produce food. The average monthly benefit for a CalFresh recipient is $144.35 per month, or $4.81 per person per day.
Restaurant Meal Program: Under SNAP rules, recipients are limited to purchasing only non-prepared food items; however people who are homeless, elderly, or who have disabilities are less able to use SNAP food benefits in traditional ways due to the lack of necessary tools, appliances or physical abilities required to prepare their own meals. As a result of this, SNAP allows states to choose whether or not to offer a Restaurant Meal Program option, which allows SNAP recipients to purchase hot prepared food in authorized restaurants. California operates the largest Restaurant Meal Program and has allowed counties to utilize Restaurant Meal Programs as an option since 2003.
Cal Grant Program: The Cal Grant Entitlement Program guarantees financial aid awards to recent high school graduates and community college transfer students who meet financial, academic, and other eligibility requirements. The state also provides a relatively small number of competitive Cal Grants to students who do not qualify for entitlement awards; these awards are capped at $22,500, half of which are set aside for community college students. Cal Grants cover full systemwide tuition at the public universities for up to four years and partly contribute to tuition costs at nonpublic institutions.
Food insecurity: Student hunger contributes to lower participation rates among low income students, and as such, students who are unable to meet their basic needs are less likely to perform as well in college or may be forced to drop out before graduating. According to a recent Washington Post article, the number of food banks opening on university and college campuses around the country is on the rise. A recent study conducted by the California State University system found that as much as 24% of the student population is food insecure, though exact numbers are unknown.
Need for this bill: According to the author, “Students from working class families and impoverished homes are some of best and brightest in the United States. For these young people, going to college may offer their only avenue to exit poverty. However, an increasing number of students face homelessness and food insecurity that, ultimately, hinders their success in college while increasing the likelihood of an incomplete post-secondary education. With everything that California has invested in higher education, students continue to face higher costs to attend California’s colleges and universities. [This bill] will help curb additional hardship while increasing a student’s ability to complete college. [This bill] is a first step towards alleviating student food insecurity by enacting several proposals that surfaced at the Assembly Select Committee on Campus Climate hearing in November 2015. At this hearing, the select committee heard about many issues related to student food insecurity and student homelessness from colleges and universities in San Diego County. It also became evident that every college and university handles these issues differently. [This bill] was conceived to help colleges and universities address these issues.”
According to the bill’s sponsor, the Western Center on Law & Poverty, “[This bill] seeks to address the growing incidence of hunger among low-income college students in California by giving the state several new tools to draw down federal resources and improve coordination between college campus anti-hunger efforts and those in their communities. [This bill] offers a few small steps to reduce hunger and increase college opportunity for low-income Californians by maximizing federal food assistance received and spent in California.”
Opposition: According to organizations writing in opposition to this bill, the bill could harm students who do not receive EBT benefits by restricting on-campus ATMs for financial institutions that charge fees on “foreign” transactions. In addition to this, these organizations assert that a framework already exists for EBT ATM transactions, and thus, the bill should focus on food vendors instead of ATMs. Concerns were also raised in opposition to the bill regarding the broad nature of the bill’s current language as it pertains to the type of contract entered into by a postsecondary educational institution and a bank or financial institution that charges for EBT transactions.
PRIOR LEGISLATION:
AB 832 (Weber), 2013, would have required all convenience stores and bookstores at the California State University, the University of California, and community colleges to accept the use of EBT cards. It died in the Assembly Human Services Committee.
AB 756 (Mitchell), 2011, would have prohibited surcharges on ATM withdrawals and POS transactions for CalWORKs recipients when they use their state-issued EBT card. It died in the Assembly Human Services Committee.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Higher Education Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
American Federation of State, County and Municipal Employees (AFSCME)
California Association of Food Banks
California Federation of Teachers (CFT)
California Food Policy Advocates (CFPA)
County Food Access Coalition
California Immigrant Policy Center (CIPC)
California Primary Care Association (CPCA)
California State Student Association (CSSA)
Coalition of California Welfare Rights Organizations, Inc.
Courage Campaign
Food Bank of Contra Costa & Solano
National Association for the Education of Homeless Children & Youth (NAEHCY)
National Association of Social Workers, CA Chapter (NASW-CA)
Orange County Food Access Coalition
St. Anthony Foundation
University of California Student Association
Western Center on Law & Poverty – co-sponsor
Opposition
California Bankers Association (CBA)
California Credit Union League (CCUL)
Analysis Prepared by: Kelsy C. Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
5MIN
Senate Standing Committee on Education
1MIN
Assembly Floor
4MIN
Senate Floor
15MIN
Senate Standing Committee on Human Services
8MIN
Senate Standing Committee on Education
2MIN
Senate Standing Committee on Transportation and Housing
1MIN
Assembly Floor
13MIN
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):
