BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 2377
          AUTHOR:        John A. Perez
          AMENDED:       May 23, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 25, 2014
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  California Student Loan Refinancing Program.
          
           SUMMARY  

          This bill establishes the California Student Loan  
          Refinancing Program, to be administered by the California  
          Educational Facilities Authority (CEFA), to assist in the  
          refinance of private student loan debt at favorable rates,  
          and establishes eligibility requirements for the program. 

           BACKGROUND  

          Current law establishes the California Educational  
          Facilities Authority (CEFA) to administer programs that  
          provide tax-exempt, low-cost financing to private,  
          non-profit higher educational facilities.  Current law  
          specifically outlines the following purposes of the CEFA:

             a)   To provide private institutions of higher education  
               within the state an additional means by which to  
               finance and refinance existing higher education  
               facilities.

             b)   To provide private and public institutions of  
               higher education with an additional means to assist  
               students in financing their costs of attendance. 

             c)   To develop student, faculty and staff housing on or  
               near institutions of higher education.  

             d)   To make grants to private institutions of higher  
               education to assist students in preparation for and  
               entrance to higher education. 

          Additionally, current law grants the CEFA various powers  






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          relative to student loans including the authority to  
          finance or purchase student loans, hold or invest in  
          student loans, create pools of student loans, sell interest  
          bearing bond backed by pools of student loans, and the  
          ability to contract or otherwise provide for distribution,  
          processing, origination, purchase, sale, servicing,  
          securing, and collection of student loans, payment of fees,  
          charges, and administrative expenses therewith. Current law  
          also authorizes the funding of reserves required for  
          purposes of securing CEFA financing for student loan  
          purposes.  
          (Education Code §94100-94213)

           ANALYSIS
           
           This bill  :

          1)   Establishes the California Student Loan Refinancing  
               Program (CSLRP) and outlines the following goals for  
               the new program:

                    a)             Help college graduates who are  
                    "qualified borrowers" refinance student loan debt  
                    at favorable rates.

                    b)             Create a revolving fund to assist  
                    more "qualified loan" borrowers.

                    c)             Create a "loan loss reserve  
                    account" that can be leveraged by private lenders  
                    in the private student loan market. 

          2)   Defines various terms for purposes of the bill  
               including the following:

                    a)             Defines a "qualified borrower" to  
                    be a resident of California who has completed a  
                    bachelor's degree, is employed in a public  
                    service program or by a nonprofit in California,  
                    has the ability to repay, as determined by CEFA,  
                    and that meets other criteria as established by  
                    the CEFA and the financial institution 

                    b)             Defines a "qualified loan" to mean  







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                    a loan or portion of a loan made by the financial  
                    institution to a "qualified borrower" to  
                    refinance a private student loan.

                    c)             Defines a "loan loss reserve" as  
                    an account established  and maintained by the  
                    CEFA for purposes of depositing fees paid by  
                    financial institutions and qualified borrowers,  
                    and state, federal, or other sources of  
                    contribution, for purposes of covering any losses  
                    on enrolled qualified loans sustained by a  
                    participating financial institution.

          3)   Outlines the following authorities and  
               responsibilities for the CEFA under the CSLRP:

                    a)             Authorizes the CEFA to contract  
                    with any financial institution, including a  
                    credit union, to the extent participation  
                    complies with specified California Credit Union  
                    Law, for purpose of participation in the program.  


                    b)             Requires the CEFA to establish a  
                    loss reserve account for each financial  
                    institution with which it contracts.

                    c)             Establishes a CEFA notification  
                    process for a financial institution seeking to  
                    enroll a qualified loan in the program. 

                    d)             Requires the authority to  
                    establish procedures under which a financial  
                    institution may submit claims for reimbursement  
                    for losses incurred as a result of qualified loan  
                    defaults and outlines the conditions under which  
                    a claim for reimbursement may be filed.

                    e)             Requires the CEFA to annually  
                    submit a report describing the program's  
                    financial condition to the Governor and the  
                    Legislature.

                    f)             Authorizes the CEFA to enter  







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                    agreements to provide assistance in carrying out  
                    the program, including origination and servicing  
                    of qualified loans. 

          4)   Authorizes the CEFA to facilitate the development of a  
               secondary market for a qualified loan program, and  
               outlines specific actions that may be taken for this  
               purpose. 

          5)   Authorizes the adoption of emergency regulations for  
               purposes of implementing the bill's provisions.

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author, while the  
               Legislature has been extensively involved in college  
               affordability for entering students, very little has  
               been done to assist students that have already  
               incurred loan debt.  For many students, certain types  
               of student loans can limit their options for reducing  
               debt repayment or tying repayment to their employment.  
                It is the intent of this bill to provide individuals  
               that have borne the cost of their higher education  
               through private loans the ability to refinance,  
               consolidate, buy-down interest rates, and restructure  
               debt for these loans, in alignment with various  
               federal student loan alternative repayment programs.  

               This bill, in essence, creates a kind of "insurance"  
               for financial institutions that refinance these  
               private student loans through a credit enhancement  
               feature that provides for payment of these loans in  
               the event of default. The risk of default is  
               transferred from the lender to the statutorily created  
               program, and underwritten by the resources in the loan  
               loss reserve account established by the bill's  
               provisions. 

           2)   Prior loan program  . Under the authority granted in  
               current law, the CEFA has previously administered a  
               student loan program.  Unlike the program proposed by  
               this bill, that program utilized bonds for purposes of  
               funding student loans.  According to the CEFA, the  
               program was unsustainable in the long-term as the  







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               fixed rate bonds underlying the student loans made  
               interest rates on the program's loans noncompetitive  
               relative to other student loan options, and the  
               program no longer exists.  

               Distinct from the prior program, the CSLRP proposed by  
               this bill would be funded by fees and state and  
               federal contributions for the purpose of reimbursing  
               financial institutions in the event of default on  
               loans that they have extended to students.  This bill  
               does not propose, or fund, a state administered loan  
               program for students. 

           3)   Similar existing programs  .  Current law authorizes two  
               similar programs under the State Treasurer's Office.   
               These include the CalCAP, administered by the  
               California Pollution Control Financing Authority and  
               the PACE Loss Reserve Program, administered by the  
               California Alternative Energy and Advanced  
               Transportation Financing Authority (CAEATFA). 

               a)        California Capital Access Program (CalCAP):   
                    This program encourages banks and other financial  
                    institutions to make loans to small businesses  
                    that may have difficulty obtaining financing.  
                    Small businesses and truck owners must still meet  
                    lending criteria established by the financial  
                    institution.  CalCAP provides a form of loan  
                    portfolio insurance which may provide up to 100%  
                    coverage on certain loan defaults. The  
                    availability of CalCAP serves as an incentive for  
                    banks and other lenders to approve loans at lower  
                    interest rates than might otherwise be available  
                    to these small businesses. (Health and Safety  
                    Code §44559-44559.12)

               b)        Property Assessed Clean Energy (PACE) Loss  
                    Reserve Program: This program, created in 2013,  
                    was designed to address Federal Housing Finance  
                    Agency (FHFA) concerns about PACE financing for  
                    renewable energy, energy or water efficiency  
                    retrofits, or electric vehicle charging stations  
                    for residential and commercial properties. The  
                    Loss Reserve program created in 2013 ensures that  







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                    first mortgage lenders are made whole for any  
                    losses in a foreclosure or a forced sale that are  
                    attributable to a PACE loan. If a mortgage lender  
                    forecloses on a home that has a PACE lien, the  
                    reserve can be used to cover PACE payments during  
                    the foreclosure period. Additionally, if a local  
                    government sells a home for unpaid taxes and the  
                    sale price falls short of the outstanding tax and  
                    first mortgage amounts, the reserve can be used  
                    to cover the shortfall. By covering these types  
                    of losses, the Loss Reserve Program puts the  
                    first mortgage lender in the same position it  
                    would be in without a PACE lien.  This program  
                    was funded with $10 million through the Budget  
                    Act of 2013. (Public Resources Code §  
                    26060-26064)

           4)   Related TICAS study  . According to a recent report,  
               Student Debt and the Class of 2012, issued by the  
               Institute for College Access and Success (TICAS),  
               nationally, 71 percent of college seniors who  
               graduated last year had student loan debt, with an  
               average debt of $29,400 per borrower.  The report  
               highlighted high debt and low debt states, and  
               California was noted as being among the low debt  
               states.  The report noted that private (non-federal)  
               loans are one of the riskiest ways to pay for college  
               with interest rates that are highest for those who can  
               least afford them.  The report also noted that these  
               loans lack the basic consumer protections and flexible  
               repayment options of federal student loans.  National  
               data indicate that 30 percent of bachelor's degree  
               recipients graduate with private loan debt with the  
               average amount of this type of debt being $13,600.   
               Private loans were noted as being most prevalent at  
               for-profit colleges with 41 percent of their seniors  
               graduating with private loans.  Nationally about 20  
               percent of graduates' debt is comprised of private  
               loans. 

           5)   Fiscal  .  The bill currently limits the total to be  
               deposited into the loan loss reserve account by the  
               financial institution for any single qualified  
               borrower to $75,000 over a three year period. It is  







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               unclear where the initial funding for the state  
               contribution to the program will come from. The bill  
               currently makes no provision for the source of funding  
               for this purpose.

           SUPPORT  

          Associated Students of the University of California, Davis
          California Teachers Association
          Los Angeles Community College District
          Los Rios Community College District
          South Orange County Community College District
          Yosemite Community College District
           
          OPPOSITION

           None received.