BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          SB 1466 (DeLeon) - Cal Grant Program Eligibility Expansion.
          
          Amended: May 2, 2012            Policy Vote: Education 8-1
          Urgency: No                     Mandate: No
          Hearing Date: May 21, 2012      Consultant: Jacqueline 
          Wong-Hernandez
          
          This bill does not meet the criteria for referral to the 
          Suspense File. 

          
          Bill Summary: SB 1466 expands eligibility for a Cal Grant, 
          beginning in the 2014-15 academic year and until either all 
          funds in the Higher Education Investment Tax Credit (HEITC) 
          program are expended or December 1, 2018. This bill allows a 
          student who household income is $150,000 or less to be eligible 
          for a Cal Grant, subject to specified funding prioritization, 
          and contingent upon legislation that creates the HEITC.

          Fiscal Impact: 
              Minor and absorbable workload increase to the California 
              Student Aid Commission (CSAC) to administer increased Cal 
              Grants.
              Potentially substantial General Fund savings, to the extent 
              that HEITC funding supplants General Fund support for Cal 
              Grants.
              To the extent that expanded Cal Grant eligibility and 
              funding covers additional students, it may supplant 
              institutional aid from the segments.

          Background: Existing law 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, and 
          eligibility is based upon financial need, grade point average 
          (GPA), California residency, and other eligibility criteria, as 
          specified in Education Code § 69433.9. These programs currently 
          operate as follows:

            Cal Grant A -  High School Entitlement Program provides 
            tuition fee funding for the equivalent of four full-time years 
            at qualifying postsecondary institutions to eligible lower and 








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            middle income high school graduates who have at least a 3.0 
            GPA, and apply within one year of graduation.

            Cal Grant B - High School Entitlement Program provides funds 
            to eligible low-income high school graduates who have at least 
            a 2.0 GPA, and apply within one year of graduation. The award 
            provides up to $1,551 for books and living expenses for the 
            first year and each year following for up to four years (or 
            equivalent of four full-time years). After the first year, the 
            award also provides tuition fee funding at qualifying 
            postsecondary institutions.

            Cal Grant Community College Transfer Program provides a Cal 
            Grant A or B to eligible high school graduates who have a 
            community college GPA of at least 2.4, and transfer to a 
            qualifying baccalaureate degree granting college or 
            university.

            Cal Grant Competitive Award Program provides 22,500 Cal Grant 
            A and B awards available to applicants who meet financial, 
            academic, and general program eligibility requirements. Half 
            of these awards are reserved for students enrolled at a 
            community college and who met the September 2 application 
            deadline.

            Cal Grant C Program provides funding for financially eligible 
            lower income students preparing for occupational or technical 
            training. The authorized number of new awards is 7,761. For 
            new and renewal recipients, the current tuition and fee award 
            is up to $2,592 and the allowance for training-related costs 
            is $576. 

          Current law requires that the maximum household income and asset 
          levels for the Cal Grant program be adopted and defined in 
          regulations by the California Student Aid Commission and that 
          these ceilings be annually adjusted based upon changes in the 
          cost of living. Cal Grant funding is annually appropriated in 
          the Budget Act, and reductions to the program translate to award 
          reductions.

          Proposed Law: This bill, commencing with the 2014-15 academic 
          year, establishes eligibility for Cal Grants funded by the 
          HEITC, subject to specified priorities. This bill provides that 
          HEITC funding will be used, until exhausted, to fund grants for 








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          qualifying students whose household income does not exceed 
          $150,000, as specified, and in the following order of priority:
             (1)  Students who meet the eligibility requirements 
               established for a Cal Grant A, B, or Transfer Entitlement 
               Award for the 2011-12 academic year.
             (2)  Students who meet the eligibility requirements 
               established for a Competitive Cal Grant A or B Award for 
               the 2011-12 academic year, up to the maximum number of 
               awards authorized for Competitive Cal Grant A or B Awards 
               in the annual Budget Act.
             (3)  All other students who meet the eligibility requirements 
               established for a Cal Grant Award for the 2011-12 academic 
               year, except that these students may have a maximum 
               household income no greater than $150,000.

          Related Legislation: The provisions of this bill are contingent 
          upon the enactment of SB 1356 (DeLeon) which establishes the 
          HEITC Program Special Fund, and requires that all revenue in 
          this fund be allocated to the CSAC for purposes of awarding Cal 
          Grants to students eligible pursuant to the provisions of this 
          bill. SB 1356 will also be heard in this Committee on May 21, 
          2012. 

          Staff Comments: The program expansion created by this bill is 
          contingent on the enactment of SB 1356 (DeLeon), which provides 
          funding to increase Cal Grant awards. That bill provides that 
          all HEITC revenue will be allocated to CSAC to implement these 
          provisions. Essentially, any money collected by the Franchise 
          Tax Board under SB 1356 will flow directly to the CSAC to use 
          for Cal Grant awards. The CSAC has indicated it would be able to 
          absorb the increased workload associated with implementing the 
          new eligibility requirements and awarding additional Cal Grants. 


          The language of this bill suggests that the initial revenue 
          generated by the HEITC will supplant General Fund money that 
          currently funds Cal Grants. In awarding HEITC-funded Cal Grants, 
          this bill provides that first priority will be for students "who 
          meet the eligibility requirements established for a Cal Grant A, 
          B, or Transfer Entitlement Award for the 2011-12 academic year." 
          Assuming similar requirements and income ceilings are in place 
          in 2014-15 for General Fund-supported Cal Grant awards, the 
          first priority students for HEITC-funded awards would be the 
          same students who would otherwise be eligible for General 








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          Fund-supported Cal Grant entitlements. Thus, the effect seems to 
          be that these entitlement awards would be funded by the HEITC 
          instead. It is unlikely that the intent is to double their Cal 
          Grant award amounts by accessing two funding sources, though the 
          author may wish to clarify this point. 

          If the requirements for Cal Grant become more stringent in the 
          future, the HEITC funds would also be used to prioritize grants 
          for both the population that qualified under the 2011-12 
          requirements, and the population that would have qualified under 
          those requirements.  

          The 2001-12 Budget provided $1.3 billion for entitlement Cal 
          Grant awards; it is not known whether or not the HEITC will 
          generate enough money to cover all of the first priority 
          students each year, since it depends on the decisions of 
          individual taxpayers and businesses. To the extent that first 
          priority students, the ones who would otherwise likely receive 
          Cal Grants under the existing program, will receive Cal Grants 
          funded by the HEITC instead, there will be General Fund savings.

          Any additional HEITC funding would go to fund Cal Grants for 
          students who meet the eligibility requirements established for a 
          Competitive Cal Grant A or B Award for the 2011-12 academic 
          year, up to the maximum number of awards authorized for 
          Competitive Cal Grant A or B Awards in the annual Budget Act. To 
          the extent that these students receive grant aid they would not 
          have otherwise, the segments' existing institutional aid can be 
          offered to other students. This would continue to be true for 
          the third priority group of students.

          Recommended Amendments: It is unclear whether the author intends 
          for HEITC funding to supplant General Fund money in the Cal 
          Grant program, as would be the case if the first priority 
          students identified were given HEITC-funded Cal Grants, or if 
          the intent is to simply prioritize students (who would have met 
          eligibility requirements for entitlements in 2011-12) who lose 
          Cal Grants under potential program requirement changes (like the 
          ones proposed in the Governor's Budget). Prior versions of this 
          bill focused clearly on expanding grant eligibility, and it is 
          not clear whether the author intends to shift the focus of this 
          bill. The author should clarify which students will be eligible 
          to receive HEITC-funded Cal Grants and how that award would 
          interact with any other Cal Grants for which they would be 








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          eligible (e.g. if HEITC awards should only be given to students 
          who will not receive a General Fund-supported Cal Grant).