BILL NUMBER: AB 1747 CHAPTERED
BILL TEXT
CHAPTER 290
FILED WITH SECRETARY OF STATE SEPTEMBER 12, 2016
APPROVED BY GOVERNOR SEPTEMBER 12, 2016
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
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
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, 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.
(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.
(5) 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.
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) Each public or private postsecondary educational
institution that 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 shall do all of the following:
(1) Apply to become an approved food vendor for the Restaurant
Meals Program, if the institution operates any qualifying food
facility on campus.
(2) 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.
(3) 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.
(c) An approved food vendor participating in the Restaurant Meals
Program pursuant to this section, and a county in which the program
is operated, shall meet the requirements of the Restaurant Meals
Program.
SEC. 3. Section 18904.3 of the Welfare and Institutions Code is
amended to read:
18904.3. (a) If a private nonprofit organization, public
postsecondary educational institution, or other state or local agency
secures funds for CalFresh outreach activities that are allowable
for partial federal reimbursement, and complies with contracting
requirements established in state and federal law, the department
shall, subject to approval of the state's outreach plan by the United
States Department of Agriculture, act as the state entity for
receipt of federal reimbursement on behalf of the organization,
institution, or agency.
(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 subparagraph (A), 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 subparagraph
(A), 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
Program 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 Program
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.
SEC. 4.5. Section 18995 of the Welfare and Institutions Code is
amended to read:
18995. (a) On and after January 1, 2017, the State Emergency Food
Assistance Program (SEFAP), administered by the State Department of
Social Services, shall be renamed as the "CalFood Program." The
CalFood Program 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 CalFood 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 CalFood Account shall, upon
appropriation by the Legislature, be allocated to the State
Department of Social Services for allocation to the CalFood Program
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
CalFood Program fund's annual budget.
(B) Notwithstanding subparagraph (A), funds received by the
CalFood Account shall, upon appropriation by the Legislature, be
allocated to the State Department of Social Services for allocation
to the CalFood Program as described in subparagraph (A), and shall,
in part, be used to pay for the department's administrative costs
associated with the administration of the CalFood Program.
(c) (1) The Public Higher Education Pantry Assistance Program
Account is hereby established in the Emergency Food Assistance
Program 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 Program
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.
SEC. 5. Section 4.5 of this bill incorporates amendments to
Section 18995 of the Welfare and Institutions Code proposed by both
this bill and AB 1577. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 18995 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 1577, in which case
Section 4 of this bill shall not become operative.
SEC. 6. 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.