BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1370


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1370 (Medina) - As Amended April 22, 2015


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          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:








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          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:










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          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  








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            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  








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            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