Amended in Assembly May 31, 2016

Amended in Assembly May 11, 2016

Amended in Assembly April 4, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1747

Introduced by Assembly Member Weber

(Coauthors: Assembly Members begin delete Chiu and Lopez end delete begin insert Chiu, Gonzalez, Lopez, and Williams end insert )

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.

begin delete

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.

end delete

This bill would begin delete require, as a condition of participation in the Cal Grant Program, end delete begin insert require end insert each public and private postsecondary educational institution begin delete to ensure that surcharge-free transactions are accessible on each campus through the EBT system. The bill would also require educational institutions that are end delete begin insert that is end insert 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. begin insert By imposing these requirements on community colleges, this bill would impose a state-mandated local program. end insert

(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.

begin insert

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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:

begin delete

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. This paragraph does not prohibit or limit the
imposition of a surcharge by an owner or operator, other than the
institution, of an automated teller machine on a campus, or an
issuer of an EBT card, if the surcharge is otherwise permitted by
law.

(2) If the institution

end delete

begin insert

begin insert 66025.93. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert Each public or private postsecondary education
institution that end insert is located in a county that participates in the
Restaurant Meals Program established pursuant to Section 2020
of Title 7 of the United States begin delete Code, the institution end delete begin insert Code end insert shall do
all of the following:

begin delete

(A)

end delete

begin insert (1) end insert  Apply to become an approved food vendor for the Restaurant
Meals Program, if the institution operates any qualifying food
facility on campus.

begin delete

(B)

end delete

begin insert (2) end insert  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.

begin delete

(C)

end delete

begin insert (3) end insert  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.

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

begin delete

(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.

end delete

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.

begin insert

begin insert SEC. 5. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert