BILL ANALYSIS Ó AB 1370 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1370 (Medina) - As Amended April 22, 2015 ----------------------------------------------------------------- |Policy |Higher Education |Vote:|11 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill modifies provisions for imposing and allocating nonresident undergraduate tuition at the University of California (UC) and the California State University (CSU). Specifically, this bill: AB 1370 Page 2 1)Requires the governing boards of UC and CSU to establish nonresident tuition rates for each campus of their respective segment, considering the nonresident charges imposed by their comparison institutions and the cost of instruction. 2)Requires that at least 50% of the revenue generated above the cost of instruction from undergraduate nonresident enrollment be directed toward enrollment of resident undergraduates. 3)Prohibits the number of undergraduate nonresident students enrolled at any UC campus from exceeding 10% of total student enrollment, and until July 1, 2021, any UC campus exceeding the 10% limit on the operative date of this bill is prohibited from increasing undergraduate nonresident enrollment above the amount on that campus as of March 1, 2016. 4)Requires UC to establish a revenue sharing agreement pursuant to which revenues generated by undergraduate nonresident student enrollment are distributed equitably to each UC campus. 5)Requires the UC report annually regarding undergraduate nonresident tuition by campus, revenues generated from the tuition by campus, the method by which the revenues were distributed among the campuses, and, for each campus, the purposes for which these revenues were expended. 6)Prohibits the UC Regents from allocated state appropriations for UC to any campus not in compliance with the above. FISCAL EFFECT: AB 1370 Page 3 1)UC. Based on the current enrollment of 25,000 nonresident undergraduates, the requirement to reallocate 50% of revenue generated from these students above the marginal cost of instruction (assumed as $6,500 per student) would result in a redirection of $160 million, within UC's core funding of almost $6.3 billion, to fund resident undergraduate enrollment growth. Assuming a marginal state cost of $10,000 per student, this would fund enrollment of an additional 16,000 resident undergraduates, for an almost 9% increase in undergraduate enrollment, which UC indicates it could not immediately absorb. According to UC, this redirection of nonresident tuition revenue will also impact those areas for which it is currently expended, such as improving student-faculty ratios, providing enhanced financial aid for resident students, improving academic support services, and addressing critical deferred maintenance issues. The requirement for equitable distribution of nonresident tuition revenue will also result in a reallocation of these revenues to the benefit of some campuses and the detriment of others. 2)CSU. Based on the current enrollment of 13,600 full-time equivalent nonresident undergraduates, the requirement to reallocate 50% of revenue generated from these students above the marginal cost of instruction (assumed as $3,500 per student) would result in a redirection of almost $50 million within CSU's core funding of almost $5.4 billion, to fund resident undergraduate enrollment growth. (CSU indicates that it currently uses nonresident tuition mainly for one-time expenses.) Assuming a marginal state cost of $5,500 per student, this would fund enrollment of an additional 8,600 resident undergraduates. COMMENTS: 1)Background. Out-of-state and international students (nonresidents) are recognized in higher education as enhancing AB 1370 Page 4 the college experience by bringing a diversity of backgrounds and perspectives to campuses. However, the state has traditionally considered only resident students when determining enrollment for CSU and UC because the state does not provide funding for nonresident students. Current law allows each segment to set nonresident enrollment levels and fees, requiring that nonresident fees, at minimum, cover marginal costs. At UC, approximately 13% of all students systemwide are nonresidents, and undergraduate nonresidents pay about $23,000 more than California students in tuition. At CSU, about 5% of all students are nonresidents, and undergraduate nonresidents pay an additional $11,160. Both UC and CSU indicate that monies generated from nonresident enrollment are used to support and enhance educational access and quality for all students (residents and nonresidents). The author notes that during California's recession and resulting state budget cuts, UC increasingly relied on tuition (and from nonresident students, in particular) to meet revenue needs. From 2007-08 to 2013-14, the number of nonresident undergraduates grew from 7,103 to 20,073. While in 2000, 90% of freshman at UC Berkeley came from California, by 2012, the proportion dropped to 71%. At UCLA, the percentage of California residents dropped 23%, to 72% in 2012. Formerly, UC required supplemental nonresident tuition to be collected centrally and redistributed back to all campuses based on systemwide priorities. Since 2007-08, UC has allowed individual campuses to retain the revenue associated with nonresident supplemental tuition. 2)Purpose. In an attempt to re-prioritize enrollment of California residents throughout UC, this bill limits the share of nonresident undergraduate enrollment at any UC campus to 10%, requires 50% of the revenue generated by nonresident undergraduates to fund resident undergraduate enrollment, and AB 1370 Page 5 requires the revenue from nonresident undergraduates to be allocated equitably among the campuses. In response to concerns over nonresident enrollment, current-UC President Napolitano recently announced capping nonresident enrollment at UC Berkeley and UCLA, and limiting growth at UC San Diego. UC has expressed concern that instituting the cap proposed in this bill could disadvantage campuses seeking to increase nonresident enrollment in order to fund resident enrollments and operational needs not met by the state. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081