Amended in Senate August 15, 2016

Amended in Senate June 30, 2016

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 BillNo. 1747


Introduced by Assembly Member Weber

(Coauthors: Assembly Members Chiu, Gonzalez, Lopez, and Williams)

(Coauthors: Senators Hancock and Leyva)

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.

This bill would require each public and private postsecondary educational institution that is 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. By imposing these requirements on community colleges, this bill would impose a state-mandated local 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 additionally require the department to act as the state entity for the receipt of federal reimbursement for CalFresh outreach activities on behalf of state educational institutions or other state or local agencies, subject to certain conditions.

(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 Program 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) This bill would incorporate changes to Section 18995 of the Welfare and Institutions Code proposed by both this bill and AB 1577, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert
begin delete

(4)

end delete

begin insert(5)end insert 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.

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.

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

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

P3    1

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) Each public or private postsecondary educational
8institution that is located in a county that participates in the
9Restaurant Meals Program established pursuant to Section 2020
10of Title 7 of the United States Code shall do all of the following:

11(1) Apply to become an approved food vendor for the Restaurant
12Meals Program, if the institution operates any qualifying food
13facility on campus.

14(2) Annually provide all on-campus food vendors not operated
15by the institution with information regarding the Restaurant Meals
16Program and the manner in which to apply.

17(3) If an on-campus food vendor has been approved to
18participate in the Restaurant Meals Program, annually inform
19students about the program using information provided by the
20State Department of Social Services.

21(b) This section does not require an institution to create, operate,
22or maintain an EBT system on behalf of on-campus food vendors.

23(c) An approved food vendor participating in the Restaurant
24Meals Program pursuant to this section, and a county in which the
25program is operated, shall meet the requirements of the Restaurant
26Meals Program.

27

SEC. 3.  

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

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18904.3.  

(a) If a private nonprofit organization, public
2postsecondary educational institution, or other state or local agency
3secures funds for CalFresh outreach activities that are allowable
4for partial federal reimbursement, and complies with contracting
5requirements established in state and federal law, the department
6shall, subject to approval of the state’s outreach plan by the United
7States Department of Agriculture, act as the state entity for receipt
8of federal reimbursement on behalf of the organization, institution,
9or agency.

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

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

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

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.

24begin insert

begin insertSEC. 4.5.end insert  

end insert

begin insertSection 18995 of the end insertbegin insertWelfare and Institutions Codeend insert
25
begin insert is amended to read:end insert

26

18995.  

(a) On and after January 1,begin delete 2012, the State Department
27of Social Services shall establish and administer the State
28Emergency Food Assistance Program (SEFAP). The SEFAPend delete
begin insert 2017,
29the State Emergency Food Assistance Program (SEFAP),
30administered by the State Department of Social Services, shall be
31renamed as the “CalFood Program.” The CalFood Programend insert
shall
32provide food and funding for the provision of emergency food to
33food banks established pursuant to the federal Emergency Food
34Assistance Program (7 C.F.R. Parts 250 and 251) whose ongoing
35primary function is to facilitate the distribution of food to
36low-income households.

37(b) begin insert(1)end insertbegin insertend insert Thebegin delete State Emergency Food Assistance Programend delete
38begin insert CalFoodend insert Account is hereby established in the Emergency Food
39Assistance Program Fund established pursuant to Section 18852
P6    1of the Revenue and Taxation Code, and may receive federal funds
2and voluntary donations or contributions.

begin delete

3(c)

end delete

4begin insert(2)end insert Notwithstanding Section 18853 of the Revenue and Taxation
5Code, the following shall apply:

begin delete

6(1)

end delete

7begin insert(A)end insert All moneys received by thebegin delete State Emergency Food
8Assistance Programend delete
begin insert CalFoodend insert Account shall, upon appropriation
9by the Legislature, be allocated to the State Department of Social
10Services for allocation to thebegin delete SEFAPend deletebegin insert CalFood Programend insert and, with
11the exception of those contributions made pursuant to Section
1218851 of the Revenue and Taxation Code and funds received
13through Parts 250 and 251 of Title 7 of the Code of Federal
14Regulations, shall be used for the purchase, storage, and
15transportation of food grown or produced in California. Storage
16and transportation expenditures shall not exceed 10 percent of the
17begin delete SEFAPend deletebegin insert CalFood Programend insert fund’s annual budget.

begin delete

18(2)

end delete

19begin insert(B)end insert Notwithstandingbegin delete paragraph (1),end deletebegin insert subparagraph (A),end insert funds
20received by thebegin delete State Emergency Food Assistance Programend delete
21begin insert CalFoodend insert Account shall, upon appropriation by the Legislature, be
22allocated to the State Department of Social Services for allocation
23to thebegin delete SEFAPend deletebegin insert CalFood Programend insert as described inbegin delete paragraph (1),end delete
24begin insert subparagraph (A),end insert and shall, in part, be used to pay for the
25department’s administrative costs associated with the
26administration of thebegin delete SEFAP.end deletebegin insert CalFood Program.end insert

begin insert

27
(c) (1) The Public Higher Education Pantry Assistance Program
28Account is hereby established in the Emergency Food Assistance
29Program Fund established pursuant to Section 18852 of the
30Revenue and Taxation Code.

end insert
begin insert

31
(2) Notwithstanding Section 18853 of the Revenue and Taxation
32Code, funds in the Public Higher Education Pantry Assistance
33Program Account shall, upon appropriation by the Legislature,
34be allocated to the State Department of Social Services for
35allocation to food banks established pursuant to Parts 250 and
36251 of Title 7 of the Code of Federal Regulations that meet both
37of the following criteria:

end insert
begin insert

38
(A) The primary function of the food bank is the distribution of
39food to low-income households.

end insert
begin insert

P7    1
(B) The food bank has identified specific costs associated with
2supporting on-campus pantry and hunger relief efforts serving
3low-income students.

end insert
4begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

Section 4.5 of this bill incorporates amendments to
5Section 18995 of the Welfare and Institutions Code proposed by
6both this bill and AB 1577. It shall only become operative if (1)
7both bills are enacted and become effective on or before January
81, 2017, (2) each bill amends Section 18995 of the Welfare and
9Institutions Code, and (3) this bill is enacted after AB 1577, in
10which case Section 4 of this bill shall not become operative.

end insert
11

begin deleteSEC. 5.end delete
12
begin insertSEC. 6.end insert  

If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.



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