BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
                              Senator Mark Leno, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 108          Hearing Date:    June 18,  
          2015
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          |Author:   |Committee on Budget                                   |
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          |Version:  |January 9, 2015    Introduced                         |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Anita Lee                                             |
          |:         |                                                      |
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             Subject:  Budget Act of 2015: Higher Education Trailer Bill


          Summary: This bill provides for statutory changes necessary to enact  
          postsecondary education-related provisions of the Budget Act of  
          2015.

          Background:  This bill makes the following statutory changes to implement  
          the 2015-16 budget. Specifically, this bill:

          1.State Authorization for Regional Occupational Programs.  
            Authorizes the Superintendent of Public Instruction (SPI), for  
            purposes of participation in Title IV of the federal Higher  
            Education Act of 1965, which authorizes federal student  
            financial assistance programs, to:  (1) certify by name, a  
            regional occupational center and program, or a county office  
            of education or an adult education program to legally  
            authorize the center, program or county office to provide an  
            educational program beyond secondary education, including an  
            education program that leads to a degree or certificate; (2)  
            adopt regulations that authorize a complaint process under the  
            Uniform Complaint Procedures (UCPs) outlined in specified  
            regulations; and (3) decertify any program no longer in  
            compliance with specified requirements consistent with federal  
            regulations, among other provisions. 
          
          2.Community College Veterans Access, Choice and Accountability  
            Act. Requires the CCC and California State University to  
            exempt students from nonresident tuition starting on July 1,  







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            2015, if they the meet all of the following requirements: (1)  
            student resides in California; (2) student meets the  
            definition of "covered individual," as defined under Title 38  
            of the US Code, federal statute; and (3) student is eligible  
            for education benefits under either the federal Montgomery GI  
            Bill or Post 9/11 GI Bill program, and are continuously  
            enrolled at the campus they attend. 
          
          3.Cal Grant Maximum Award. Delays, by two years, a reduction in  
            the maximum amount of the Cal Grant A and B awards for  
            students attending private, non-profit colleges or accredited  
            for-profit colleges in 2015-16 and 2016-17.  In 2015-16 and  
            2016-17, eligible students will receive $9,084 for tuition  
            expenses each year.

          4.Community College Foster Care Education Program. Requires  
            funds appropriated to the board of governors for the Foster  
            Care Education Program to be used for foster parent and  
            relative/kinship care provider education as specified by the  
            chancellor, in consultation with an advisory committee.  
            Specifies that each college receiving funds for this program  
            shall have a plan for foster parent and relative/kinship care  
            provider education that includes provisions of training, and  
            complies with all reporting requirements, guidelines and other  
            conditions specified by the chancellor. 
          
          5.CCC Reporting Requirements. Codifies various reporting  
            requirements for the Student Success and Basic Skills Students  
            program, the Student Financial Aid Administration program,  
            technical assistance provided to community college districts  
            pursuant to the Student Success and Support Program, and the  
            Telecommunications and Technology program. Requires the  
            Chancellor to annually submit reports for the prior fiscal  
            year to the Department of Finance and the Legislature by  
            December 31.
          
          6.CCC Adjust Base Allocation. Authorizes the Chancellor's Office  
            to adjust the general apportionment formula to recognize funds  
            appropriated to address increased operating costs and to  
            improve instruction. Authorizes the Chancellor's Office to  
            make conforming adjustments to the community college budgetary  
            standards and criteria, and requires the chancellor to notify  
            the Department of Finance and the Legislature of the specific  
            adjustments made. 








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          7.CCC Local Property Tax Revenues and Education Protection  
            Account. Provides the Department of Finance the authority to  
            modify and update Proposition 98 General Fund appropriations  
            to CCC based on updated revenue estimates for redevelopment  
            agencies and Education Protection Account (Proposition 30).  
            Proposition 98 General Funds would be used to offset any  
            difference between (1) estimated revenues for community  
            colleges from redevelopment agencies and the Education  
            Protection Account (Proposition 30) and (2) the amounts  
            distributed to colleges from these sources by June 30. This  
            change will allow districts to have more certainty when  
            preparing their fiscal plans.
          
          8.Career Technical Education Pathways Program. Extends the  
            sunset date for the Career Technical Education Pathways  
            Program from June 30, 2015 to July 1, 2016, and appropriates  
            forty eight million dollars ($48,000,000) one-time Proposition  
            98 funds for the program. 
             
          9.CSU Capital Outlay Reporting Timeline.  Makes changes to  
            California State University's capital outlay program to better  
            align its reporting to the Department of Finance on proposed  
            capital projects with the timing of Board of Trustees'  
            decisions. 
          
          10.         State Authorization for Private Colleges and  
            Universities.  Responds to new federal regulations by  
            authorizing private colleges and universities to operate in  
            the state, and sets up a complaint process for students  
            through the Board of Private Postsecondary Education.
          
          11.         CCC Deferred Maintenance, Instructional Equipment  
            and Drought Resistance Projects.  Provides $48 million  
            one-time Proposition 98 General Fund for deferred maintenance,  
            instructional equipment and drought resistance projects at  
            community colleges.  The funding will be distributed on a  
            per-student basis.
          
          12.         Innovation Awards Funding Shift.  Shifts $23 million  
            in 2014-15 funding from the Innovation in Higher Education  
            Awards program from the General Fund to Proposition 98 General  
            Fund, to reflect the amount of awards distributed to community  
            colleges.








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          13.         UC Merced Project Savings.  Allows the University of  
            California to use project savings from the UC Merced Classroom  
            and Academic Office Building project to cover potential  
            deficiencies in the construction phase of the same project.
          
          14.         Competitive Cal Grants. Increases the number of  
            competitive Cal Grants by 3,250 awards for a total of 25,750  
            awards. Eligibility for Competitive Cal Grant awards is geared  
            toward nontraditional students who did not go to college right  
            after high school, do not depend on their family for financial  
            support or are returning to college for career training. 
          
          15.         CCC Baccalaureate Degree Program. Provides $6  
            million to the Chancellor's Office to implement Baccalaureate  
            Pilot Program established pursuant to Senate Bill 850 (Block),  
            Chapter 747, Statutes of 2014.  These funds may be used to  
            support professional development activities.  
          
          16.         Eligibility study. Provides $1 million from the  
            General Fund to establish and implement a new freshman  
            eligibility study pursuant to legislation enacted in 2015-16  
            to determine if admission requirements at the University of  
            California and California State University are consistent with  
            the state's 1960 Master Plan for Higher Education.
          
          17.         Middle Class Scholarship.  Amends the Middle Class  
            Scholarship program to exclude students with family assets  
            over $150,000, sets a four- or five-year time limit for the  
            program similar to limits imposed in the Cal Grant program,  
            and allows income and asset limits to increase with the  
            Consumer Price Index.  Also, reduces statutory appropriations  
            for the program in the 2015-16, 2016-17, and 2018-19 fiscal  
            years and states legislative intent that those savings be  
            redirected to other higher education programs. 
          
          18.         University of California Capital Outlay.  Expands  
            the University of California's capital outlay program by  
            allowing it to use its General Fund appropriation to make  
            availability payments on capital expenditures.  Also requires  
            the university to use this funding structure for the UC Merced  
            2020 project, as long as work traditionally performed by UC  
            employees continues to be performed by UC employees.   
          








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          19.         Basic Skills Partnership Pilot Program.  Creates the  
            Basic Skills Partnership Pilot Program, which will provide  
            five community college districts with $2 million grants each  
            to develop partnerships among schools districts, community  
            colleges and California State University campuses to develop  
            improved strategies to provide remedial education for  
            underprepared college students.    
          
          20.         Basic Skills and Student Outcomes Transformation  
            Program.  Creates the Basic Skills and Student Outcomes  
            Transformation Program, which will provide $60 million  
            Proposition 98 General Fund to assist community college  
            districts in improving the delivery of basic skills  
            instruction.
          

          21.         College Access Tax Credit. Amends the College Access  
            Tax Credit program to add a new College Access Tax Credit for  
            one year in tax year 2017 under the Insurance Gross Premiums  
            Tax and Corporation Tax; adds the College Access Tax Credit to  
            the list of tax credits that can reduce the Tentative Minimum  
            Tax under the Alternative Minimum Tax calculations for  
            Personal Income and Corporation Tax; and continuously  
            appropriates the fund to the California Student Aid Commission  
            to award supplemental Cal Grants; and other technical changes.  

          
          22.         Apprenticeship Reporting.  Requires the Community  
            College Chancellor's Office to report to the California  
            Apprenticeship Council within 30 days of each apportionment  
            period, information regarding the hourly rate paid to local  
            educational agencies and community colleges, and the number of  
            instruction hours allocated to, and reported by, each local  
            educational agency and community college.
          
          23.         Apprenticeship Allocation Deadline.  Requires the  
            Community College Chancellor's Office to notify local  
            education agencies and community colleges of upcoming  
            allocation amounts within 30 days of the enactment of the  
            Budget Act.
          
          24.         Innovative Apprenticeship Program.  Allows the  
            Community College Chancellor's Office to work with the  
            Division of Apprenticeship Standards to develop and implement  








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            innovative apprenticeship programs in high-growth industries.
          
          25.         New Campus Study.  Requires the Legislative  
            Analyst's Office to study and report on whether there is a  
            long-term need for a new California State University or  
            University of California campus, and if there is a need, where  
            campuses would be needed.  
          
          26.         State Mandates.  Establishes that if the Commission  
            on State Mandates determines that acts in this bill are costs  
            mandated by the state, reimbursement would occur through the  
            mandates process.
          
          Fiscal  
          Effect:  Statutory changes contained in this bill, including  
          appropriations, are consistent with the 2015 budget package.
          
          Support:   Unknown
          
          Opposed:  Unknown
          
          Comments:   This bill provides the necessary statutory references to  
          enact the 2015-16 budget related to higher education.
          
          
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