AB 1747 Assembly Bill

BILL NUMBER: AB 1747	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2016
	AMENDED IN ASSEMBLY  MARCH 28, 2016

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.  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.  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:

  SECTION 1.  It is the intent of the Legislature to increase the
college graduation rates of low-income Californians and to reduce the
incidence of economic hardship and hunger among low-income college
students.
  SEC. 2.  Section 66025.93 is added to the Education Code,
immediately following Section 66025.92, to read:
   66025.93.  (a) As a condition of its participation in the Cal
Grant Program, all of the following shall apply to public and private
postsecondary education institutions:
   (1) The institution shall ensure that surcharge-free transactions
are accessible on each campus using the electronic benefits transfer
(EBT) system established pursuant to Chapter 3 (commencing with
Section 10065) of Part 1 of Division 9 of the Welfare and
Institutions Code.
   (2) If the institution is located in a county that participates in
the Restaurant Meals Program established pursuant to Section 2020 of
Title 7 of the United States Code, the institution shall do all of
the following:
   (A) Apply to become an approved food vendor for the Restaurant
Meals Program, if the institution operates any qualifying food
facility on campus.
   (B) Annually provide all on-campus food vendors not operated by
the institution with information regarding the Restaurant Meals
Program and the manner in which to apply.
   (C) If an on-campus food vendor has been approved to participate
in the Restaurant Meals Program, annually inform students about the
program using information provided by the State Department of Social
Services. 
   (3) The institution shall not enter into a contract with a bank or
financial institution that imposes a fee or surcharge on a person
using an EBT card. 
   (b) This section does not require an institution to create,
operate, or maintain an EBT system on behalf of on-campus food
vendors.
   (c) To the extent any contract would be substantially impaired as
a result of the application of this section, this section shall apply
only to contracts renewed or entered into on or after January 1,
2017.
  SEC. 3.  Section 18904.3 of the Welfare and Institutions Code is
amended to read:
   18904.3.  (a) If a private nonprofit organization or a public
postsecondary educational institution is successful in raising money
for CalFresh outreach activities and has secured a local governmental
agency to serve as the contracting agency, the department shall,
upon request and subject to approval by the United States Department
of Agriculture, act as the organization's or institution's state
entity for receipt of matching funds.
   (b) Any reduction in federal funding to the state that is due to
the result of any audit of CalFresh outreach contracts or activities
shall be applied to the appropriate local government that served as
the contracting agency for CalFresh outreach activities.
  SEC. 4.  Section 18995 of the Welfare and Institutions Code is
amended to read:
   18995.  (a) On and after January 1, 2012, the State Department of
Social Services shall establish and administer the State Emergency
Food Assistance Program (SEFAP). The SEFAP shall provide food and
funding for the provision of emergency food to food banks established
pursuant to the federal Emergency Food Assistance Program (7 C.F.R.
Parts 250 and 251) whose ongoing primary function is to facilitate
the distribution of food to low-income households.
   (b) (1) The State Emergency Food Assistance Program Account is
hereby established in the Emergency Food Assistance Program Fund
established pursuant to Section 18852 of the Revenue and Taxation
Code, and may receive federal funds and voluntary donations or
contributions.
   (2) Notwithstanding Section 18853 of the Revenue and Taxation
Code, the following shall apply:
   (A) All moneys received by the State Emergency Food Assistance
Program Account shall, upon appropriation by the Legislature, be
allocated to the State Department of Social Services for allocation
to the SEFAP and, with the exception of those contributions made
pursuant to Section 18851 of the Revenue and Taxation Code and funds
received through Parts 250 and 251 of Title 7 of the Code of Federal
Regulations, shall be used for the purchase, storage, and
transportation of food grown or produced in California. Storage and
transportation expenditures shall not exceed 10 percent of the SEFAP
fund's annual budget.
   (B) Notwithstanding paragraph (1), funds received by the State
Emergency Food Assistance Program Account shall, upon appropriation
by the Legislature, be allocated to the State Department of Social
Services for allocation to the SEFAP as described in paragraph (1),
and shall, in part, be used to pay for the department's
administrative costs associated with the administration of the SEFAP.

   (c) (1) The Public Higher Education Pantry Assistance Program
Account is hereby established in the Emergency Food Assistance Fund
established pursuant to Section 18852 of the Revenue and Taxation
Code.
   (2) Notwithstanding Section 18853 of the Revenue and Taxation
Code, funds in the Public Higher Education Pantry Assistance Account
shall, upon appropriation by the Legislature, be allocated to the
State Department of Social Services for allocation to food banks
established pursuant to Parts 250 and 251 of Title 7 of the Code of
Federal Regulations that meet both of the following criteria:
   (A) The primary function of the food bank is the distribution of
food to low-income households.
   (B) The food bank has identified specific costs associated with
supporting on-campus pantry and hunger relief efforts serving
low-income students.