(1)Existing law establishes the California State University, under the administration of the Trustees of the California State University; the University of California, under the administration of the Regents of the University of California; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education as the 4 segments of postsecondary education in this state.

Existing law requires each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program (RMP) to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities, as defined, on campus, or to provide contracting on-campus food vendors, as defined, with specified information about the program.

This bill would require an approved on-campus qualifying food facility that participates in the RMP pursuant to the bill to meet all of the requirements for participation in that program. The bill would also provide that, for purposes of this provision, a qualifying food facility is a facility administered by the postsecondary educational institution.

(2)Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, 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 eligible counties to participate in the RMP, which allows eligible recipients to purchase meals at qualified restaurants.

Existing law requires the State Department of Social Services to issue an annual all-county letter providing guidance that lists which counties or regions are eligible to participate in the RMP and the instructions for how a county may choose to participate in RMP or appeal a noneligible determination by the department. Existing law also requires the department to design the EBT system to, automatically and upon issuance of an EBT card, allow all CalFresh recipients who are eligible for RMP to utilize their benefits in all restaurants that have been approved to participate in RMP.

This bill would authorize the State Department of Social Services to enter into a statewide memorandum of understanding with the Chancellor of the California State University to prevent hunger among college students who are homeless, elderly, and disabled and to facilitate compliance with the provision described in (1) above. The bill would also authorize any qualifying food facility located on a campus of the California State University to participate in the CalFresh RMP through this statewide memorandum of understanding, even if the facility is located in a county that does not participate in the RMP. The bill would define restaurant for purposes of the bill to include an in-campus food facility, as defined.

The bill would also require the State Department of Social Services to implement this act by all-county letters or similar instructions until regulations are adopted. The bill would require the department to adopt regulations implementing the bill on or before October 1, 2020.

(1)Existing law establishes the California State University, under the administration of the Trustees of the California State University; the University of California, under the administration of the Regents of the University of California; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education as the 4 segments of postsecondary education in this state.

Existing law requires each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program (RMP) to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities, as defined, on campus, or to provide contracting on-campus food vendors, as defined, with specified information about the program.

This bill would require an approved on-campus qualifying food facility that participates in the RMP pursuant to the bill to meet all of the requirements for participation in that program. The bill would also provide that, for purposes of this provision, a qualifying food facility is a facility administered by the postsecondary educational institution.

(2)Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, 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 eligible counties to participate in the RMP, which allows eligible recipients to purchase meals at qualified restaurants.

Existing law requires the State Department of Social Services to issue an annual all-county letter providing guidance that lists which counties or regions are eligible to participate in the RMP and the instructions for how a county may choose to participate in RMP or appeal a noneligible determination by the department. Existing law also requires the department to design the EBT system to, automatically and upon issuance of an EBT card, allow all CalFresh recipients who are eligible for RMP to utilize their benefits in all restaurants that have been approved to participate in RMP.

This bill would authorize the State Department of Social Services to enter into a statewide memorandum of understanding with the Chancellor of the California State University to prevent hunger among college students who are homeless, elderly, and disabled and to facilitate compliance with the provision described in (1) above. The bill would also authorize any qualifying food facility located on a campus of the California State University to participate in the CalFresh RMP through this statewide memorandum of understanding, even if the facility is located in a county that does not participate in the RMP. The bill would define restaurant for purposes of the bill to include an in-campus food facility, as defined.

The bill would also require the State Department of Social Services to implement this act by all-county letters or similar instructions until regulations are adopted. The bill would require the department to adopt regulations implementing the bill on or before October 1, 2020.

(1)Existing law establishes the California State University, under the administration of the Trustees of the California State University; the University of California, under the administration of the Regents of the University of California; the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges; and independent institutions of higher education as the 4 segments of postsecondary education in this state.

Existing law requires each public and private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program (RMP) to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities, as defined, on campus, or to provide contracting on-campus food vendors, as defined, with specified information about the program.

This bill would require an approved on-campus qualifying food facility that participates in the RMP pursuant to the bill to meet all of the requirements for participation in that program. The bill would also provide that, for purposes of this provision, a qualifying food facility is a facility administered by the postsecondary educational institution.

(2)Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, 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 eligible counties to participate in the RMP, which allows eligible recipients to purchase meals at qualified restaurants.

Existing law requires the State Department of Social Services to issue an annual all-county letter providing guidance that lists which counties or regions are eligible to participate in the RMP and the instructions for how a county may choose to participate in RMP or appeal a noneligible determination by the department. Existing law also requires the department to design the EBT system to, automatically and upon issuance of an EBT card, allow all CalFresh recipients who are eligible for RMP to utilize their benefits in all restaurants that have been approved to participate in RMP.

This bill would authorize the State Department of Social Services to enter into a statewide memorandum of understanding with the Chancellor of the California State University to prevent hunger among college students who are homeless, elderly, and disabled and to facilitate compliance with the provision described in (1) above. The bill would also authorize any qualifying food facility located on a campus of the California State University to participate in the CalFresh RMP through this statewide memorandum of understanding, even if the facility is located in a county that does not participate in the RMP. The bill would define restaurant for purposes of the bill to include an in-campus food facility, as defined.

The bill would also require the State Department of Social Services to implement this act by all-county letters or similar instructions until regulations are adopted. The bill would require the department to adopt regulations implementing the bill on or before October 1, 2020.

 THIRD READING  

Bill No: AB 1894

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 6-0, 6/6/18

AYES: Allen, Wilk, Galgiani, Leyva, Pan, Vidak

SENATE HUMAN SERVICES COMMITTEE: 6-0, 6/26/18

AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener

ASSEMBLY FLOOR: 73-0, 5/10/18 (Consent) - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill authorizes the Department of Social Services to enter into a memorandum of understanding with the Chancellor of the California State University (CSU) in order to allow a qualifying food facility located on a CSU campus to participate in the Restaurant Meals Program (RMP), even if the CSU campus is located in a county that does not participate in the RMP.

ANALYSIS:

Existing law:

1. Requires each public and private postsecondary education institution that is located in a county that participates in the RMP to apply to become an approved food vendor for participation in this program. (Education Code § 66025.93)
2. Specifies that an institution is not required to create, operate, or maintain an Electronic Benefits Transfer system on behalf of on-campus food vendors, and an approved food vendor participating in the RMP, as specified, and a county in which the program is operated, shall meet the requirements of the RMP. (EC § 66025.93)
3. Defines “qualifying food facility” as a facility that sells prepared food for onsite consumption, and specifies that “on-campus food vendors” does not include any vendor that does not sell prepared food for onsite consumption or that sells food from a mobile food facility, as specified. (EC § 66025.93 (d))
4. Authorizes the Cal Grant Program, administered by the California Student Aid Commission, to provide grants to financially needy students to attend college. (EC § 69430, et seq.).
5. Requires the Student Aid Commission to provide written notice to recipients of Cal Grant awards who qualify for participation in the CalFresh program under the federal regulation. (EC § 69519.3)
6. Establishes the Emergency Food Assistance Program (EFAP) within the State Treasury; and, authorizes the State 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 § 18852)
7. 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.)
8. 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. (WIC Code § 18900, et seq.)
9. Establishes the RMP 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:

1. Makes an on-campus qualifying food facility that is approved for the RMP subject to meeting the participation requirements of that program and annually informing students about that program.
2. Modifies the definition of a “qualifying food facility,” to clarify that it is administered by a postsecondary education institution.
3. Authorizes the Department of Social Services to enter into a statewide memorandum of understanding with the Chancellor of the CSU, for purposes of preventing hunger among college students who are homeless, elderly, or disabled and to facilitate compliance with specified requirements.
4. Authorizes a qualifying food facility located on a campus of the CSU to participate in the CalFresh RMP through the statewide memorandum of understanding established in 3) above, even if the facility is located in a county that does not participate in the RMP.
5. Specifies that, for purposes of provisions of this bill, a restaurant includes but is not necessarily limited to: an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant, as specified.
6. Makes technical changes.

Comments

1. Need for the bill. According to the author, “current law only allows CSU located in counties that have decided to participate in the RMP to extend prepared meals to SNAP recipients who are elderly, disabled or homeless. This leaves out most of the CSUs throughout the state, and leaves behind too many students who could benefit from the program.”

This bill seeks to further improve access to federal anti-hunger benefits for California’s eligible college students by authorizing an alternative method for participation into the RMP exclusively for qualifying food facilities located on a CSU campus.

1. Restaurant Meals Program. The RMP 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. As such, students who are not elderly, homeless, or disabled are ineligible for the program. Eligibility is determined by the United States Department of Agriculture, and therefore state statute cannot expand eligibility for the RMP to other needy students who are not elderly, homeless, or disabled.

Participation in the RMP on postsecondary education campuses is not limited to eligible students as such all eligible recipients (elderly, homeless, or disabled), regardless of whether or not the recipient is a student on that campus, may 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.

1. County participation. Participation by counties in the RMP is voluntary. There are currently only nine counties in California that have chosen to participate: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Luis Obispo, Santa Clara, and Santa Cruz counties. A participating county must meet specific requirements, including entering into a memorandum of understanding with the food vendor to delineate the responsibilities of each entity. The CSU system operates 23 campuses throughout the state of those campuses, ten are located in counties that do not participate in the RMP: CSU, Bakersfield, CSU Chico, CSU Fresno, Humboldt State University, CSU Maritime Academy, CSU Monterey Bay, CSU San Bernardino, CSU Stanislaus, and Sonoma State University.

This bill authorizes a statewide memorandum of understanding to be entered into between the Department of Social Services and the CSU thereby allowing on-campus facilities to apply for RMP regardless if the county is a participant.

1. Existing efforts addressing college hunger at CSU. According to the CSU, Chancellor’s Office all 23 campuses have a food pantry or food distribution program, a majority of campuses offer meals through meal sharing or meal voucher programs and five of the CSU campuses accept EBT with additional campuses in development. The CSU also participates in the intersegmental Higher Education Basic Needs workgroup which is comprised of representatives from the University of California (UC), CSU and the California Community Colleges (CCC). The workgroup is designed to improve coordination and share evidence-based practices to address student needs around food and housing. The Budget Act of 2017 provides $2.5 million to UC, CSU and CCC to support related activities such as enrollment in CalFresh, establishment of on-campus food pantries and meal sharing programs. Under this bill’s provisions, the authorization to enter into a statewide memorandum of understanding with the Department of Social Services applies only to CSU.

Related/Prior Legislation

SB 1275 (Stern, 2018) establishes, under the administration of the California Student Aid Commission , a new grant award program for the purpose of preventing hunger among students at public postsecondary educational institutions who are eligible for the Cal Grant B Program. SB 1275 was held in the Senate Appropriations Committee suspense file.

AB 832 (Weber, 2013) would have required all convenience stores and bookstores at UC, CSU and the CCC to accept the use of EBT cards. AB 832 was held in the Assembly Human Services Committee.

AB 756 (Mitchell, 2011) would have prohibited surcharges on ATM withdrawals and point-of-sale transactions for CalWORKs recipients when using their state-issued EBT cards. AB 756 died in the Assembly Human Services Committee.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• The Department of Social Services estimates General Fund costs of approximately $785,000 in the first year and five new positions to administer the RMP program to CSU campuses located in counties that have not yet opted into the program. Ongoing costs would be about $637,000.
• This bill could result in one-time General Fund costs of up to $50,000 to the CSU to purchase equipment for using CalFresh on campuses and to pay vendor fees. This estimate assumes that all 10 eligible campuses would participate in the program.

SUPPORT: (Verified 8/16/18)

Alameda County Community Food Bank

American Academy of Pediatrics

California Association of Food Banks

California State University

Disability Rights California

Education Trust-West

Faculty Association of California Community Colleges

Feeding San Diego

Hunger Action Los Angeles

MAZON

National Association of Social Workers

Office of the President, California State University, Sacramento

San Diego Hunger Coalition

The Education Trust-West

University of California Student Association

Western Center on Law and Poverty

Young Invincibles

OPPOSITION: (Verified 8/16/18)

None received

ASSEMBLY FLOOR: 73-0, 5/10/18

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Cooley, Friedman, Cristina Garcia, Obernolte

Prepared by:

8/18/18 13:20:23

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 1894 (Weber) - Postsecondary education: student hunger

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill authorizes the Department of Social Services to enter into a memorandum of understanding with the Chancellor of the California State University (CSU) in order to allow a qualifying food facility located on a CSU campus to participate in the Restaurant Meals Program (RMP), even if the CSU campus is located in a county that does not participate in the RMP.

Fiscal Impact:

• The Department of Social Services estimates General Fund costs of approximately $785,000 in the first year and five new positions to administer the RMP program to CSU campuses located in counties that have not yet opted into the program. Ongoing costs would be about $637,000.
• This bill could result in one-time General Fund costs of up to $50,000 to the CSU to purchase equipment for using CalFresh on campuses and to pay vendor fees. This estimate assumes that all 10 eligible campuses would participate in the program.

Background:

Existing federal law establishes the RMP within the Supplemental Nutrition Assistance Program (SNAP) program to allow eligible homeless, disabled or elderly recipients to purchase hot, prepared food from participating restaurants. Students who are not elderly, homeless, or disabled are ineligible for the program.

Existing law requires each public and private postsecondary education institution that is located in a county that participates in the RMP to apply to become an approved food vendor for participation in this program. An institution is not required to create, operate, or maintain an Electronic Benefits Transfer system on behalf of on-campus food vendors, and an approved food vendor participating in the RMP, as specified, and a county in which the program is operated, shall meet the requirements of the RMP.

Proposed Law:

This bill authorizes the DSS to enter into a statewide memorandum of understanding with the CSU for purposes of preventing hunger among college students who are homeless, elderly, or disabled and to facilitate compliance with specified requirements.

This bill authorizes a qualifying food facility located on a campus of the CSU to participate in the CalFresh RMP through the statewide memorandum of understanding even if the facility is located in a county that does not participate in the RMP.

This bill specifies that, for purposes of provisions of this bill, a restaurant includes but is not necessarily limited to: an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant, as specified.

This bill makes an on-campus qualifying food facility that is approved for the RMP subject to meeting the participation requirements of that program and annually informing students about that program, and modifies the definition of a “qualifying food facility,” to clarify that it is administered by a postsecondary education institution.

Related Legislation:

SB 1275 (Stern, 2018) Establishes, under the administration of the California Student Aid Commission , a new grant award program for the purpose of preventing hunger among students at public postsecondary educational institutions who are eligible for the Cal Grant B Program. SB 1275 was held on the Suspense File in this Committee.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 1894

Subject: Postsecondary education: student hunger

SUMMARY

This bill authorizes the California Department of Social Services (CDSS) to enter into a memorandum of understanding (MOU) with the Chancellor of the California State University (CSU) in order to allow a qualifying food facility located on a CSU campus to participate in the Restaurant Meals Program (RMP), even if the CSU campus is located in a county that does not participate in the RMP.

ABSTRACT

Existing law:

1. 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. (7 U.S.C. 2011 et seq., WIC 18900 et seq.)
2. Establishes the RMP under SNAP to allow eligible homeless, disabled, or elderly recipients to purchase hot, prepared food from participating restaurants. (7 U.S.C. Section 2020, WIC 18919 et seq.)
3. Specifies eligibility requirements and exemptions for students under the CalFresh program. (7 CFR 273.5 et seq.)
4. 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. (42 U.S.C. 601 et seq., WIC 10065 et seq.)
5. Defines “qualifying food facility” within the RMP as a facility that sells prepared food for onsite consumption, and specifies that “on-campus food vendors” does not include any vendor that does not sell prepared food for onsite consumption or that sells food from a mobile food facility, as specified. (EDC 66025.93 (d))
6. Requires each public or private postsecondary educational institution that is located in a county that participates in the RMP to apply to become an approved food vendor for the RMP, 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 RMP and the manner in which to apply; and, if an on-campus food vendor has been approved to participate in the RMP, annually inform students about the program using information provided by CDSS. (EDC 66025.93(a))
7. Specifies that an institution is not required to create, operate, or maintain an EBT system on behalf of on-campus food vendors. (EDC 66025.93(b))
8. Requires an approved food vendor participating in the RMP and a county in which the program is operated to meet the requirements of the RMP. (EDC 66025.93(c))
9. Defines “qualifying food facility” within the RMP as a facility that sells prepared food for onsite consumption, and specifies that “on-campus food vendors” does not include any vendor that does not sell prepared food for onsite consumption or that sells food from a mobile food facility, as specified. (EDC 66025.93 (d))

This bill:

1. Makes an on-campus qualifying food facility that is approved for the RMP subject to meeting the participation requirements of that program and annually informing students about that program.
2. Modifies the definition of a “qualifying food facility,” to clarify that it is administered by a postsecondary education institution.
3. Authorizes CDSS to enter into a statewide MOU with the Chancellor CSU, for purposes of preventing hunger among college students who are homeless, elderly, or disabled and to facilitate compliance with specified requirements.
4. Authorizes a qualifying food facility located on a campus of the CSU to participate in CalFresh RMP through the statewide MOU even if the facility is located in a county that does not participate in the RMP.
5. Specifies that, for purposes of provisions of this bill, a restaurant includes but is not necessarily limited to: an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant, as specified.
6. Makes technical changes.

FISCAL IMPACT

According to an analysis prepared by the Assembly Committee on Appropriations dated April 30, 2018, this bill would likely have the following fiscal impact:

1. One-time General Fund (GF) cost pressures to CSU of up to $50,000 to purchase equipment for using CalFresh on campus and pay vendor fees. (This assumes all 10 eligible campuses participate in the program.)
2. Minor and absorbable one-time GF costs to the CSU and CDSS to enter into an MOU.
3. Minor and absorbable one-time GF costs to CDSS to administer program and process CSU RMP applications.

BACKGROUND AND DISCUSSION

Purpose of the bill:

Current law only allows CSUs located in counties that have chosen to participate in the RMP to extend prepared meals to SNAP recipients who are elderly, disabled or homeless. “This leaves out most of the CSUs throughout the state, and leaves behind too many students who could benefit from the program,” according to the author.

This bill seeks to improve access to SNAP (CalFresh in California) benefits for California’s eligible college students by expanding the RMP to all CSU campuses. “We can’t expect low-income college students to make it through to graduation if they can’t make it through the day without going hungry. Extending the RMP to all CSU campuses will prevent hunger and smooth the path to graduation for low-income students who are advanced in age, are disabled, or are experiencing homelessness,” the author states.

Student Hunger

There is growing evidence of the negative impact hunger has on student participation and student wellbeing, making students less likely to perform well in college and potentially forcing them to drop out. While the problem exists on all types of campuses, this bill is focused on the CSU system.

In January 2018, the CSU Office of the Chancellor released the Study of Student Basic Needs^[1] in order to identify and examine the barriers students face to meeting their basic needs while working to attain their postsecondary educational goals. The study found that 41.6 percent of CSU students reported food insecurity. Of those, 20 percent experienced low food security and 21.6 percent experienced very low food security. The highest rates of food insecurity (65.9 percent) and homelessness (18 percent) were found among students who identified as Black/African-American and first-generation college attendees.

It was also found that students who reported experiencing food insecurity, homelessness, or both, also experienced physical and mental health consequences that were associated with lower academic achievement. These students reported higher rates of “inactive days” where poor physical or mental health prevented them from engaging in their usual activities, such as work, school, self-care, and leisure activities.

The survey found that basic needs supports on campuses were underutilized. While CalFresh and campus emergency food pantry utilization was higher among students who reported low and very low food security when compared to their food secure peers, only 10.1 percent of students who reported very low food security and 7.5 percent of students who reported low food security used CalFresh benefits. It was also found that 12.7 percent of students who reported very low food security and 9.8 percent of students who reported low food security utilized on campus food pantries.

CalFresh for Students

CalFresh is an anti-hunger program that is 100 percent federally funded and provides benefit recipients with ATM-like EBT cards which can be used to purchase qualifying food. Students may qualify for CalFresh if they meet federally established criteria, which require the individual must be:

1. between the ages of 18 and 49 and physically and mentally “fit” for employment (if an individual has a disability, they are not considered a student for purposes of CalFresh eligibility determination. Rather, individuals who are unable to work due to disability are exempt from student exclusion]; and
2. enrolled at least half-time in regular curriculum at an “institution of higher education” in which the regular curriculum meets the standard requirements for graduation or certification in a particular field of study.

Restaurant Meals Program (RMP)

Federal SNAP rules limit the purchase of items to only non-prepared food items, such as breads, cereals, meats, fruits, vegetables, and seeds or plants that a household can grow in order to produce food. Non-food items such as pet food, soap, as well as any hot foods or foods that will be eaten in the store cannot be purchased using SNAP benefits.

The RMP was created to help expand access to food for homeless, elderly or disabled individuals who do not have a place to store and cook food. RMP enables qualified SNAP recipients to purchase hot prepared food in authorized restaurants. However, this program is optional at the county level and only the following nine counties are participating in RMP: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Luis Obispo, Santa Clara and Santa Cruz.

Fighting Hunger on Campus

According to the CSU Chancellor’s Office all 23 campuses have a food pantry or a food distribution program, a majority of campuses offer meals through meal sharing or meal voucher programs and five of the CSU campuses accept EBT with additional campuses in development. The CSU also participates in the intersegmental Higher Education Basic Needs workgroup which is comprised of representatives from the University of California (UC), CSU and the California Community Colleges (CCC). The workgroup is designed to improve coordination and share evidence-based practices to address student needs around food and housing.

The Budget Act of 2017 provides $2.5 million to UC, CSU and CCC to support activities such as CalFresh enrollment, establishing on-campus food pantries and meal sharing programs.

Recognizing the need to address hunger on higher education campuses, AB 1747 (Weber, Chapter 290, Statutes of 2016) facilitated the expanded use of EBT cards to purchase prepared foods on some public and private postsecondary education institutions via the RMP. This bill authorizes a statewide MOU to be entered into between the CDSS and the CSU thereby allowing on-campus facilities to apply for RMP regardless if the county is a participant.

Participation in the RMP on postsecondary education campuses is not limited to eligible students. Therefore, any CalFresh recipient who is eligible for RMP (elderly, homeless, or disabled) may access the approved food facilities on campuses.

Related legislation:

SB 1275 (Stern, 2018) would have established, under the administration of the California Student Aid Commission, a new grant award program for the purpose of preventing hunger among students at public postsecondary educational institutions who are eligible for the Cal Grant B Program. SB 1275 was held in the Senate Appropriations Committee suspense file.

AB 282 (Wiener, Chapter 355, Statutes of 2017) requires CDSS to communicate with counties regarding how to participate in the RMP, among other things.

AB 214 (Weber, Chapter 134, Statutes of 2017) requires the California Student Aid Commission to notify Cal Grant recipients who qualify for participation in the CalFresh program, provides clarity to existing policies in order to simplify CalFresh administration for college students, and requires CDSS to maintain a list of programs that provide a student potential eligibility for a CalFresh exemption if certain requirements are met.

AB 1747 (Weber, Chapter 290, Statutes of 2016) provides the state with several new tools to draw down federal resources. The bill also improved coordination between anti-hunger efforts on college campuses and anti-hunger efforts in the surrounding communities.

AB 1930 (Skinner, Chapter 729, Statutes of 2014), created a workgroup under CDSS which sought to ensure students who actively participate in the education plans and meet all other eligibility requirements for CalFresh are adequately screened for exemptions from federal work requirements for SNAP benefits.

AB 832 (Weber, 2013) would have required all convenience stores and bookstores at UC, CSU and the CCC to accept the use of EBT cards. This bill was held in Assembly Appropriations Committee.

PRIOR VOTES

POSITIONS

Support:

The Western Center on Law and Poverty/MAZON/Young Invincibles (Sponsor)

Associated Students Inc., California State University, Sacramento

Feeding San Diego

Hispanic Association of Colleges and Universities (HACU)

Jewish Public Affairs Committee of California

Office of the President, California State University, Sacramento

San Diego Hunger Advocacy Network

The California State University

Oppose:

None received

-- END --

1. https://www2.calstate.edu/impact-of-the-csu/student-success/basic-needs-initiative/Documents/BasicNeedsStudy_phaseII_withAccessibilityComments.pdf ↑

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: Hearing Date: June 6, 2018

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 authorizes the Department of Social Services to enter into a memorandum of understanding with the Chancellor of the California State University (CSU) in order to allow a qualifying food facility located on a CSU campus to participate in the Restaurant Meals Program (RMP), even if the CSU campus is located in a county that does not participate in the RMP.

BACKGROUND

Existing law:

1. Requires each public and private postsecondary education institution that is located in a county that participates in the RMP to apply to become an approved food vendor for participation in this program. (Education Code (EC) § 66025.93)
2. Specifies that an institution is not required to create, operate, or maintain an Electronic Benefits Transfer system on behalf of on-campus food vendors, and an approved food vendor participating in the RMP, as specified, and a county in which the program is operated, shall meet the requirements of the RMP. (EC § 66025.93)
3. Defines “qualifying food facility” as a facility that sells prepared food for onsite consumption, and specifies that “on-campus food vendors” does not include any vendor that does not sell prepared food for onsite consumption or that sells food from a mobile food facility, as specified. (EC § 66025.93 (d))
4. Authorizes the Cal Grant Program, administered by the California Student Aid Commission, to provide grants to financially needy students to attend college. (EC § 69430, et seq.).
5. Requires the Student Aid Commission to provide written notice to recipients of Cal Grant awards who qualify for participation in the CalFresh program under the federal regulation. (EC § 69519.3)
6. Establishes the Emergency Food Assistance Program (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 § 18852)
7. 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.)
8. 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. (WIC Code § 18900, et seq.)
9. Establishes the Restaurant Meals Program (RMP) 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:

1. Makes an on-campus qualifying food facility that is approved for the RMP subject to meeting the participation requirements of that program and annually informing students about that program.
2. Modifies the definition of a “qualifying food facility,” to clarify that it is administered by a postsecondary education institution.
3. Authorizes the Department of Social Services to enter into a statewide memorandum of understanding with the Chancellor of the California State University (CSU), for purposes of preventing hunger among college students who are homeless, elderly, or disabled and to facilitate compliance with specified requirements.
4. Authorizes a qualifying food facility located on a campus of the CSU to participate in the CalFresh RMP through the statewide memorandum of understanding established in 3) above, even if the facility is located in a county that does not participate in the RMP.
5. Specifies that, for purposes of provisions of this bill, a restaurant includes but is not necessarily limited to: an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant, as specified.
6. Makes technical changes.

STAFF COMMENTS

1. Need for the bill. According to the author, “current law only allows California State Universities (CSU) located in counties that have decided to participate in the Restaurant Meals program (RMP) to extend prepared meals to SNAP recipients who are elderly, disabled or homeless. This leaves out most of the CSUs throughout the state, and leaves behind too many students who could benefit from the program.”

This bill seeks to further improve access to federal anti-hunger benefits for California’s eligible college students by authorizing an alternative method for participation into the RMP exclusively for qualifying food facilities located on a CSU campus.

1. Restaurant Meals Program. The RMP 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. As such, students who are not elderly, homeless, or disabled are ineligible for the program. Staff understands that eligibility is determined by the federal United States Department of Agriculture, and therefore state statute cannot expand eligibility for the RMP to other needy students who are not elderly, homeless, or disabled.

Participation in the RMP on postsecondary education campuses is not limited to eligible students. Therefore, all eligible recipients (elderly, homeless, or disabled), regardless of whether or not the recipient is a student on that campus, may 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.

1. County participation. Participation by counties in the RMP is voluntary. There are currently only nine counties in California that have chosen to participate: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Luis Obispo, Santa Clara, and Santa Cruz counties. A participating county must meet specific requirements, including entering into a memorandum of understanding with the food vendor to delineate the responsibilities of each entity. The CSU system operates 23 campuses throughout the state of those campuses, ten are located in counties that do not participate in the RMP: CSU, Bakersfield, CSU Chico, CSU Fresno, Humboldt State University, CSU Maritime Academy, CSU Monterey Bay, CSU San Bernardino, CSU Stanislaus, and Sonoma State University.

This bill authorizes a statewide memorandum of understanding to be entered into between the Department of Social Services and the CSU thereby allowing on-campus facilities to apply for RMP regardless if the county is a participant.

1. Existing efforts addressing college hunger at CSU. According to the CSU, Chancellor’s Office all 23 campuses have a food pantry or food distribution program, a majority of campuses offer meals through meal sharing or meal voucher programs and five of the California State University (CSU) campuses accept Electronic Benefit Transfer (EBT) with additional campuses in development. The CSU also participates in the intersegmental Higher Education Basic Needs workgroup which is comprised of representatives from the University of California (UC), CSU and the California Community Colleges (CCC). The workgroup is designed to improve coordination and share evidence-based practices to address student needs around food and housing. The Budget Act of 2017 provides $2.5 million to UC, CSU and CCC to support related activities such as enrollment in CalFresh, establishment of on-campus food pantries and meal sharing programs. Under this bill’s provisions, the authorization to enter into a statewide memorandum of understanding with the Department of Social Services applies only to CSU.
2. Related and Prior Legislation.

SB 1275 (Stern, 2018) Establishes, under the administration of the California Student Aid Commission , a new grant award program for the purpose of preventing hunger among students at public postsecondary educational institutions who are eligible for the Cal Grant B Program. SB 1275 was held in the Senate Appropriations Committee suspense file.

AB 832 (Weber, 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, 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.

SUPPORT

Alameda County Community Food Bank

American Academy of Pediatrics

California Association of Food Banks

California State University

California State University

Disability Rights California

Disability Rights California

Education Trust-West

Faculty Association of California Community Colleges

Feeding San Diego

Hunger Action Los Angeles

MAZON

National Association of Social Workers

San Diego Hunger Coalition

The Education Trust-West

University of California Student Association

Western Center on Law and Poverty

Young Invincibles

OPPOSITION

None received

-- END --

Date of Hearing: May 2, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1894

Author:(Weber) – As Introduced Ver:January 18, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill allows the Department of Social Services (DSS) to enter into a memorandum of understanding (MOU) with the Chancellor of the California State University (CSU) in order to allow any qualifying food facility located on a CSU campus to participate in the Restaurant Meals Program (RMP), even if the CSU campus is located in a county that does not participate in the RMP. It requires the DSS to adopt regulations implementing the bill on or before October 1, 2020.

FISCAL EFFECT:

1. One-time General Fund (GF) cost pressures to CSU of up to $50,000 to purchase equipment for using CalFresh on campus and pay vendor fees. (This assumes all 10 eligible campuses participate in the program.)
2. Minor and absorbable one-time GF costs to the CSU and DSS to enter into an MOU.
3. Minor and absorbable one-time GF costs to DSS to administer program and process CSU RMP applications.

COMMENTS:

1. Background. AB 1747 (Weber), of the 2015-16 Legislative Session, requires each public and private postsecondary education institution located in a county that participates in the CalFresh RMP to apply to become an approved food vendor for this program. Currently, 13 of the CSU’s 23 campuses are located in counties that participate in the CalFresh RMP.
2. CalFresh. CalFresh benefits are funded entirely by the federal government through the Supplemental Nutrition Assistance Program (SNAP). The United States Department of Agriculture (USDA) sets specific eligibility requirements for SNAP programs, including income tests and work requirements. Households with elderly or disabled members are not subject to the same income criteria as other households. CalFresh is administered locally by county human services agencies.
3. Restaurant Meal Program. Under SNAP rules, recipients are limited to purchasing only non-prepared food items. However, due to lack of necessary facilities or physical abilities, eligible recipients who are homeless, elderly, or have disabilities may have difficulty preparing their own meals. In recognition of this, SNAP allows states to choose whether to offer an RMP option, which allows SNAP recipients to purchase hot, prepared food in authorized restaurants and facilities. California has allowed counties to use RMP since 2003.
4. Staff Comments. As with the 13 CSU campuses currently offering RMP, this bill does not restrict access to RMP at a campus to eligible students. That is, any eligible individual may access the RMP at a food facility on a campus.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: April 10, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 1894 (

Author:Weber) – As Introduced Ver:January 18, 2018

SUBJECT: Postsecondary education: student hunger

SUMMARY: Allows the Department of Social Services (DSS) to enter into a memorandum of understanding with the Chancellor of the California State University (CSU) in order to allow any qualifying food facility located on a CSU campus to participate in the Restaurant Meals Program (RMP), even if the CSU campus is located in a county that does not participate in the RMP.

Specifically, this bill:

1. Amends the definition of a “qualifying food facility” to clarify that it is administered by a postsecondary educational institution.
2. Requires a qualifying food facility, if approved to participate in the RMP, to annually inform students about the RMP, as specified.
3. Subjects a qualifying food facility participating in the RMP, as specified, to all of the requirements for participation in the program.
4. Specifies that, for purposes of provisions of this bill, a restaurant includes but is not necessarily limited to: an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant, as specified.
5. Allows DSS to enter into a statewide memorandum of understanding (MOU) with the Chancellor of the CSU in order to prevent hunger among college students, as specified, and further allows any qualifying food facility located on a CSU campus to participate in the CalFresh RMP through this MOU, even if the facility is located in a county that does not participate in RMP.
6. Makes technical changes.

EXISTING LAW:

1. 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. (7 U.S.C. 2011 et seq., WIC 18900 et seq.)
2. 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. (42 U.S.C. 601 et seq., WIC 10065 et seq.)
3. 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, WIC 18919 et seq.)
4. Defines “qualifying food facility” as a facility that sells prepared food for onsite consumption, and specifies that “on-campus food vendors” does not include any vendor that does not sell prepared food for onsite consumption or that sells food from a mobile food facility, as specified. (EDC 66025.93 (d))
5. Stipulates that each public or private postsecondary educational institution that is located in a county that participates in the Restaurant Meals Program shall: 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; and, 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 DSS. (EDC 66025.93)
6. Specifies that an institution is not required to create, operate, or maintain an EBT system on behalf of on-campus food vendors, and an approved food vendor participating in the Restaurant Meals Program, as specified, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program. (EDC 66025.93)
7. Specifies eligibility requirements and exemptions for students under the CalFresh program. (7 CFR 273.5 et seq.)

FISCAL EFFECT: Unknown.

COMMENTS:

CalFresh: CalFresh benefits are funded entirely by the federal government through SNAP and the United States Department of Agriculture 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. According to data provided by DSS, an average of 4.1 million Californians living in 2.0 million households received CalFresh benefits each month in federal fiscal year 2017. As of October 1, 2017, the maximum CalFresh benefit for a one-person household was $192, or $6.19 per day. On average, participants received $138 per month per person, or $4.39 per day.

Students must meet certain eligibility criteria in order to qualify for CalFresh benefits, as well as meet the federal definition of “student,” which includes those individuals who are:

1. between the ages of 18 and 49 and are physically and mentally “fit” for employment (if an individual has a disability, they are not considered a student for purposes of CalFresh eligibility determination [individuals who are unable to work due to disability are exempt from student exclusion]); and
2. enrolled at least half-time in regular curriculum at an “institution of higher education” in which the regular curriculum meets the standard requirements for graduation or certification in a particular field of study.

Restaurant Meals Program (RMP): SNAP, and therefore CalFresh, program rules limit the purchase of items to only non-prepared food items, such as breads, cereals, meats, fruits, vegetables, and seeds or plants that a household can grow in order to produce food. Non-food items such as pet food, soap, as well as any hot foods or foods that will be eaten in the store. RMP enables eligible elderly, disabled, and homeless SNAP recipients to purchase certain foods that would otherwise be prohibited as these populations face limited access to necessary cooking equipment, or do not have the ability to prepare food. To address this, SNAP program rules allow eligible households to purchase hot prepared food in authorized restaurants. California allows counties to opt into the RMP; currently, only nine counties participate in the RMP, including: Alameda, Los Angeles, Orange, Sacramento, San Diego, San Francisco, San Luis Obispo, Santa Clara, and Santa Cruz. The California State University (CSU) system operates 23 campuses throughout the state; of those campuses, ten are located in counties that do not participate in the RMP, including: CSU Bakersfield, CSU Chico, CSU Fresno, Humboldt State University, CSU Maritime Academy, CSU Monterey Bay, CSU San Bernardino, CSU Stanislaus, and Sonoma State University. Under the provisions of this bill, these 10 campuses would be permitted to offer RMP services to students receiving CalFresh.

Food insecurity among college students: In January 2018, the CSU Office of the Chancellor released the Study of Student Basic Needs in order to identify and examine the barriers students face to meeting their basic needs while working to attain their postsecondary educational goals. The study found that 41.6% of CSU students reported food insecurity; of those, 20% experienced low food security and 21.6% experienced very low food security. The highest rates of food insecurity (65.9%) and homelessness (18%) were found among students who identified as Black/African-American and first-generation college attendees. It was also found that students who reported experiencing food insecurity, homelessness, or both, also experienced physical and mental health consequences that were associated with lower academic achievement; these students reported higher rates of “inactive days” where poor physical or mental health prevented them from engaging in their usual activities, such as work, school, self-care, and leisure activities. The survey found that basic needs supports on campuses were underutilized; while CalFresh and campus emergency food pantry utilization was higher among students who reported low and very low food security when compared to their food secure peers, only 10.1% of students who reported very low food security and 7.5% of students who reported low food security used CalFresh benefits. It was also found that only 12.7% of students who reported very low food security and 9.8% of students who reported low food security utilized on campus food pantries.

Need for this bill: According to the author, “We can’t expect low-income college students to make it through to graduation if they can’t make it through the day without going hungry. Extending the Restaurant Meals Program to all CSU campuses will prevent hunger and smooth the path to graduation for students who are low-income, those who are advanced in age, are disabled, or are experiencing homelessness.”

PRIOR LEGISLATION:

AB 282 (Wiener), Chapter 355, Statutes of 2017, required DSS to communicate with counties regarding how to participate in the RMP, among other things.

AB 214 (Weber), Chapter 134, Statutes of 2017, required the California Student Aid Commission to notify Cal Grant recipients who qualify for participation in the CalFresh program, provided clarity to existing policies in order to simplify CalFresh administration for college students, and required DSS to maintain a list of programs that provide a student potential eligibility for a CalFresh exemption if certain requirements are met.

AB 1747 (Weber), Chapter 290, Statutes of 2016, addressed growing hunger among low-income college students in California by providing the state with several new tools to draw down federal resources. The bill also improved coordination between anti-hunger efforts on college campuses and anti-hunger efforts in the surrounding communities.

AB 1930 (Skinner), Chapter 729, Statutes of 2014, created a workgroup under DSS which sought to ensure students who actively participate in the education plans and meet all other eligibility requirements for CalFresh are adequately screened for exemptions from federal work requirements for SNAP benefits.

SECOND COMMITTEE OF REFERENCE. This bill was previously heard in the Assembly Higher Education Committee on March 13, 2018 and was approved on an 11-0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

Alameda County Community Food Bank

American Academy of Pediatrics, CA

California State Student Association (CSSA), co-sponsor

Coalition of California Welfare Rights Organizations

Disability Rights California (DRC)

Faculty Association of California Community Colleges

Feeding San Diego

Food Bank of Contra Costa and Solano

MAZON A Jewish Response to Hunger, co-sponsor

National Association of Social Workers, CA Chapter

San Diego Hunger Coalition

Swipe Out Hunger

The California state University (CSU)

The Education Trust-West

Western Center on Law and Poverty, co-sponsor

Young Invincibles, West Coast

Hunger Action Los Angeles

Opposition

None on file.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089

Date of Hearing: March 13, 2018

ASSEMBLY COMMITTEE ON HIGHER EDUCATION

Jose Medina, Chair

ABPCA Bill Id:AB 1894 (

Author:Weber) – As Introduced Ver:January 18, 2018

[Note: This bill is doubled referred to the Assembly Human Services Committee and will be heard by that Committee as it relates to issues under its jurisdiction.]

SUBJECT: Postsecondary education: student hunger

SUMMARY: This bill would authorize the State Department of Social Services (CDSS) to enter into a statewide memorandum of understanding with the Chancellor of the California State University (CSU) to prevent hunger among college students who are homeless, elderly, and disabled. This bill will also authorize any qualifying food facility located on a campus of the CSU to participate in the CalFresh Restaurant Meals Program (RMP) through this statewide memorandum of understanding (MOU), even if the facility is located in a county that does not participate in the RMP. Specifically, this bill:

1. Requires an approved on-campus qualifying food facility that participates in the RMP pursuant to the bill to meet all of the requirements for participation in that program.
2. Specifies that, for purposes of the provision, a qualifying food facility is a facility administered by the postsecondary educational institution.
3. Authorizes the CDSS to enter into a statewide MOU with the Chancellor of the CSU to prevent hunger among college students who are homeless, elderly, and disabled and to facilitate compliance with the requirements listed above.
4. Authorizes any qualifying food facility located on a campus of the CSU to participate in the CalFresh RMP through the statewide memorandum of understanding, even if the facility is located in a county that does not participate in the RMP.
5. Defines “restaurant” for purposes of the bill to include an on-campus food facility, as defined.
6. Requires the CDSS to implement the provisions of AB 1894 by all-county letters or similar instructions until regulations are adopted.
7. Requires the department to adopt regulations implementing the bill on or before October 1, 2020.

EXISTING LAW:

1. Stipulates that 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 (U.S.C.) 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; and, 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. Specifies that an institution is not required to create, operate, or maintain an electronic benefit transfer (EBT) system on behalf of on-campus food vendors; and, that an approved food vendor participating in the Restaurant Meals Program as specified, and a county in which the program is operated, shall meet the requirements of the Restaurant Meals Program (Education Code (EC) Section 66025.93).
2. Authorizes the Cal Grant Program, administered by the 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 (EC Section 69430, et seq.).
3. Requires institutions to meet specified criteria in order to participate in the Cal Grant Program, as specified (EC Section 69432.7).
4. Establishes the Emergency Food Assistance Program (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).
5. 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) Section 10065, et seq.).
6. 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 Section 10072).
7. 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 Section 18900, et seq.).
8. 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: Need for the bill. According to the author, “we can’t expect low-income college students to make it through to graduation if they can’t make it through the day without going hungry. The Restaurant Meal Program, is a proven, efficient way to reach the most vulnerable low income students, those who are advanced in age, are disabled or experiencing homelessness, to prevent hunger and smooth their path to the graduation.”

Current state law only allows CSU campuses located in counties that have decided to participate in the CalFresh RMP to extend prepared meals to SNAP recipients who are elderly, disabled or homeless. Current law leaves out many CSUs throughout the state, and according to the author, leaves behind too many students who could benefit from the program.

Background. AB 1747, carried by Assemblymember Weber and signed into law in 2016, required each public and private postsecondary education institution located in a county that participates in the CalFresh RMP to apply to become an approved food vendor for participation in this program. Currently, 13 of the CSU’s 23 campuses are located in counties that participate in the CalFresh RMP. The CSU notes in the letter of support that “…authorization to enter into an MOU directly with the DSS will provide our campuses with another effective strategy for meeting students’ basic needs and improving student completion.”

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 program administration.

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 RMP option, which allows SNAP recipients to purchase hot prepared food in authorized restaurants. California operates the largest RMP and has allowed counties to utilize RMP 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.

The CSU published their “Study of Student Basic Needs” in January of 2018. The study found that “41.6% of CSU students reported food insecurity, of those 20% experienced low food security and 21.6% very low food security. National prevalence rates for food insecurity among U.S. households in 2016 was 12.3% (low and very low food security combined), making the case for college students emerging as a new food insecure population of concern, having a far higher risk of food insecurity than the general U.S. population.”

The study also found that “10.9% of CSU students reported experiencing homelessness one or more times in the last 12 months based on the combined Housing and Urban Development and the U.S. Department of Education definitions.”

Staff Comments. Staff understands that eligibility is determined by the federal United States Department of Agriculture, and therefore state statute cannot expand eligibility for the RMP 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 CalFresh 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 an RMP on a postsecondary education campus would have to be enrolled in CalFresh.

Prior legislation. AB 240 (Weber), Chapter 134, Statutes of 2017, requires the California Student Aid Commission (CSAC) to notify Cal Grant recipients who qualify for participation in the CalFresh program; provides clarity to existing policies and definitions in order to simplify CalFresh administration for college students; and, requires the CDSS to maintain a list of programs that provide a student potential eligibility for a CalFresh exemption if certain requirements are met.

AB 1747 (Weber), Chapter 290, Statutes of 2016, which, among others, required a public or private postsecondary education institution located in a county that participates in the RMP to increase access to and provide information about the program, as specified; and, required CDSS 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.

AB 1930 (Skinner), Chapter 729, Statutes of 2014, which, among others, tasked CDSS to conduct a workgroup in order to seek ways to reduce barriers to students applying for CalFresh.

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 Academy of Pediatrics

California State University

Disability Rights California

Faculty Association of California Community Colleges

Opposition

None on file.

Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960