Amended in Assembly April 4, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1747


Introduced by Assembly Member Weber

February 2, 2016


An act to add Section 66025.93 to the Education Code, and to amend Sections 18904.3 and 18995 of the Welfare and Institutions Code, relating to food assistance.

LEGISLATIVE COUNSEL’S DIGEST

AB 1747, as amended, Weber. Food assistance: higher education students.

(1) Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing state law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system. Existing federal law authorizes counties to participate in the Restaurant Meals Program.

Existing law establishes the Cal Grant Program under the administration of the Student Aid Commission, and establishes eligibility requirements for awards under the program for participating students attending qualifying institutions. Existing law requires each Cal Grant participating institution, as a condition for its voluntary participation in the Cal Grant Program, to annually report to the commission specified information for its undergraduate programs.

This bill would require, as a condition of participation in the Cal Grant Program, each public and private postsecondary educational institution to ensure that surcharge-free transactions are accessible on each campus through the EBT system.begin delete The bill would prohibit these educational institutions from entering into contracts with a bank or financial institution that imposes a fee or surcharge on a person using an EBT card.end delete The bill would also require educational institutions that are located in a county that participates in the Restaurant Meals Program to apply to become an approved food vendor for the program, if the institution operates any qualifying food facilities on campus, or to provide contracting food vendors with specified information about the program.

(2) Existing law requires the State Department of Social Services, if private nonprofit organizations are successful in raising money for CalFresh outreach activities and have secured a local governmental agency to serve as the contracting agency, upon request and subject to approval by the United States Department of Agriculture, to act as their state entity for the receipt of matching funds.

This bill would include public postsecondary educational institutions among the entities that may receive matching funds for conducting CalFresh outreach activities, as specified.

(3) Existing law requires the State Department of Social Services to establish and administer the State Emergency Food Assistance Program, to provide food and funding for the provision of emergency food to food banks, as provided. Existing law creates the State Emergency Food Assistance Program Account within the Emergency Food Assistance Program Fund and requires that moneys in the account, upon appropriation by the Legislature, be used by the program for the purchase, storage, and transportation of food grown or produced in California and for the department’s administrative costs.

This bill would establish the Public Higher Education Pantry Assistance Account in the Emergency Food Assistance Program Fund, and would require that moneys in the account, upon appropriation by the Legislature, be allocated to the department for allocation to food banks that support on-campus pantry and hunger relief efforts serving low-income students, as specified.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

It is the intent of the Legislature to increase the
2college graduation rates of low-income Californians and to reduce
3the incidence of economic hardship and hunger among low-income
4college students.

5

SEC. 2.  

Section 66025.93 is added to the Education Code, 6immediately following Section 66025.92, to read:

7

66025.93.  

(a) As a condition of its participation in the Cal
8Grant Program, all of the following shall apply to public and private
9postsecondary education institutions:

10(1) The institution shall ensure that surcharge-free transactions
11are accessible on each campus using the electronic benefits transfer
12(EBT) system established pursuant to Chapter 3 (commencing
13with Section 10065) of Part 1 of Division 9 of the Welfare and
14Institutions Code.

15(2) If the institution is located in a county that participates in
16the Restaurant Meals Program established pursuant to Section
172020 of Title 7 of the United States Code, the institution shall do
18all of the following:

19(A) Apply to become an approved food vendor for the
20Restaurant Meals Program, if the institution operates any qualifying
21food facility on campus.

22(B) Annually provide all on-campus food vendors not operated
23by the institution with information regarding the Restaurant Meals
24Program and the manner in which to apply.

25(C) If an on-campus food vendor has been approved to
26participate in the Restaurant Meals Program, annually inform
27students about the program using information provided by the
28State Department of Social Services.

begin delete

29(3) The institution shall not enter into a contract with a bank or
30financial institution that imposes a fee or surcharge on a person
31using an EBT card.

end delete

32(b) This section does not require an institution to create, operate,
33or maintain an EBT system on behalf of on-campus food vendors.

34(c) To the extent any contract would be substantially impaired
35as a result of the application of this section, this section shall apply
36only to contracts renewed or entered into on or after January 1,
372017.

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SEC. 3.  

Section 18904.3 of the Welfare and Institutions Code
2 is amended to read:

3

18904.3.  

(a) If a private nonprofit organization or a public
4postsecondary educational institution is successful in raising money
5for CalFresh outreach activities and has secured a local
6governmental agency to serve as the contracting agency, the
7department shall, upon request and subject to approval by the
8United States Department of Agriculture, act as the organization’s
9or institution’s state entity for receipt of matching funds.

10(b) Any reduction in federal funding to the state that is due to
11the result of any audit of CalFresh outreach contracts or activities
12shall be applied to the appropriate local government that served
13as the contracting agency for CalFresh outreach activities.

14

SEC. 4.  

Section 18995 of the Welfare and Institutions Code is
15amended to read:

16

18995.  

(a) On and after January 1, 2012, the State Department
17of Social Services shall establish and administer the State
18Emergency Food Assistance Program (SEFAP). The SEFAP shall
19provide food and funding for the provision of emergency food to
20food banks established pursuant to the federal Emergency Food
21Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing
22primary function is to facilitate the distribution of food to
23low-income households.

24(b) (1) The State Emergency Food Assistance Program Account
25is hereby established in the Emergency Food Assistance Program
26Fund established pursuant to Section 18852 of the Revenue and
27Taxation Code, and may receive federal funds and voluntary
28donations or contributions.

29(2) Notwithstanding Section 18853 of the Revenue and Taxation
30Code, the following shall apply:

31(A) All moneys received by the State Emergency Food
32 Assistance Program Account shall, upon appropriation by the
33Legislature, be allocated to the State Department of Social Services
34for allocation to the SEFAP and, with the exception of those
35contributions made pursuant to Section 18851 of the Revenue and
36Taxation Code and funds received through Parts 250 and 251 of
37Title 7 of the Code of Federal Regulations, shall be used for the
38purchase, storage, and transportation of food grown or produced
39in California. Storage and transportation expenditures shall not
40exceed 10 percent of the SEFAP fund’s annual budget.

P5    1(B) Notwithstanding paragraph (1), funds received by the State
2Emergency Food Assistance Program Account shall, upon
3appropriation by the Legislature, be allocated to the State
4Department of Social Services for allocation to the SEFAP as
5described in paragraph (1), and shall, in part, be used to pay for
6the department’s administrative costs associated with the
7administration of the SEFAP.

8(c) (1) The Public Higher Education Pantry Assistance Program
9Account is hereby established in the Emergency Food Assistance
10Fund established pursuant to Section 18852 of the Revenue and
11Taxation Code.

12(2) Notwithstanding Section 18853 of the Revenue and Taxation
13Code, funds in the Public Higher Education Pantry Assistance
14Account shall, upon appropriation by the Legislature, be allocated
15to the State Department of Social Services for allocation to food
16banks established pursuant to Parts 250 and 251 of Title 7 of the
17Code of Federal Regulations that meet both of the following
18criteria:

19(A) The primary function of the food bank is the distribution
20of food to low-income households.

21(B) The food bank has identified specific costs associated with
22supporting on-campus pantry and hunger relief efforts serving
23low-income students.



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