BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 1747
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|Author: |Weber |
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|Version: |May 31, 2016 |Hearing |June 28, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Taryn Smith |
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Subject: Food assistance: higher education students
SUMMARY
Requires and authorizes private and public postsecondary
educational institutions to take a number of steps to facilitate
student access to the federal Restaurant Meal Program and
creates the new Public Higher Education Pantry Assistance
Program Account in the Emergency Food Assistance Program.
ABSTRACT
Existing law:
1) Establishes under federal law the Supplemental Nutrition
Assistance Program (SNAP) within the US Department of
Agriculture (USDA) to promote the general welfare and to
safeguard the health and wellbeing of the nation's
population by raising the levels of nutrition among
low-income households. It establishes SNAP eligibility
requirements, including income that is at or below 130
percent of the federal poverty level and is a substantial
limiting factor in permitting a recipient to obtain a more
nutritious diet. (7CFR 271.1; 7 CFR 273.9)
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2) Establishes in California statute the CalFresh program
to administer the provisions of federal SNAP benefits to
families and individuals meeting specified criteria. (WIC
18900 et seq.)
3) Establishes in the Electronic Benefits Transfer (EBT)
Act a system for the distribution and use of public
assistance benefits, such as CalFresh, and requires EBT
access to be provided through automated teller machines
(ATMs), point-of-sale devices and other devices that accept
EBT transactions. (WIC 10065 et seq.)
4) Requires California Department of Social Services (CDSS)
to act as the state entity for receiving matching funds
when a private nonprofit organization is successful in
raising money for CalFresh outreach activities and has
secured a local governmental agency to serve as the
contracting agency, as specified. (WIC 18904.3)
5) Establishes the Restaurant Meals Program under the SNAP
program to allow eligible homeless, disabled or elderly
recipients to purchase hot, prepared food from
participating restaurants. (7 United States Code Section
2020)
6) Establishes the Emergency Food Assistance Program within
the State Treasury and authorizes the Controller to
transfer from the Personal Income Tax Fund to the Emergency
Food Assistance Program Fund not in excess of the sum of
the amounts designated by individuals as specified.
(Revenue and Taxation Code Section (RTC) 18852)
This bill:
1) States Legislative intent 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.
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2) Requires each public and private postsecondary education
institution located in a county that participates in the
Restaurant Meals Program to do all of the following:
a. Apply and become an approved 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 about
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 CDSS.
3) Requires CDSS to act as the state entity for receiving
matching funds 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, as specified.
4) Establishes the Public Higher Education Pantry
Assistance Program Account in the Emergency Food Assistance
Program and requires the funds in the Pantry Account, upon
appropriation by the Legislature, to be allocated to the
CDSS for allocation to food banks the meet the following
criteria:
a. The primary function of the food bank is the
distribution of food to low-income households; and
b. The food bank has identified specific costs
associated with supporting on-campus pantry and hunger
relief efforts serving low-income students.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this bill
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may result in minor and absorbable costs associated with
applying to become an approved vendor for the Restaurant Meals
Program.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, students from working class families
and impoverished homes are some of best and brightest in the
United States. For these young people, going to college may
offer their only avenue to exit poverty, per the author.
However, the author states, an increasing number of students
face homelessness and food insecurity that, ultimately, hinders
their success in college while increasing the likelihood of an
incomplete post-secondary education.
Per the author, AB 1747 is a first step towards alleviating
student food insecurity by enacting several proposals that
surfaced at the Assembly Select Committee on Campus Climate
hearing in November 2015. The select committee heard about many
issues related to student food insecurity and student
homelessness from colleges and universities in San Diego County
and it became evident that every college and university handles
these issues differently. AB 1747 was conceived to help
colleges and universities address these issues, per the author.
Food insecurity
Food security is defined as having access by all members of the
household at all times to enough food for an active, healthy
life. Food insecure households are those in which the children
or adults or both report limited access to food resulting in
reduced quality or variety of diet (low food security), reduced
food intake or disrupted eating patterns (very low food
security).
According to a report issued by the USDA, 14 percent of American
households were food insecure at least some time during 2014,
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including 5.6 percent with very low food security.<1> Another
USDA report indicates that children living in a food insecure
household face higher risks of health, psychosocial, and
developmental problems compared to children in food secure
households.<2>
There is increased evidence that low income students
experiencing food insecurity are less likely to perform well in
college and may be forced to drop out before graduating.
According to a 2014 Washington Post article, the number
of food banks opening on university and college campuses
around the country has increased from only one in 2007 to
121 in 2014.<3>
A study released in 2014 by the California State
University system found that over half of students (59%)
were food insecure at some point during the previous year.
The study also found that having fair or poor health and
having earned income below $15,000 per year was associated
with food insecurity. In turn, good academic performance
was inversely associated with food insecurity, per the
study.<4>
According to the 2012 UC Undergraduate Experience
Survey, about 25 percent of UC San Diego students report
that they "often" or "very often" skip meals in order to
save money. As a result of the survey, the school opened
--------------------------
<1> http://www.ers.usda.gov/media/1896841/err194.pdf
<2> http://www.ers.usda.gov/media/155368/eib56_1_.pdf
<3>
https://www.washingtonpost.com/local/more-college-students-battle
-hunger-as-education-and-living-costs-rise/2014/04/09/60208db6-bb
63-11e3-9a05-c739f29ccb08_story.html
<4> http://ir.library.oregonstate.edu/xmlui/handle/1957/45177
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an on-campus food pantry in February 2015.<5>
At least one national hunger relief organization, the College
and University Food Bank Alliance, focuses its efforts
exclusively on student food needs. The College and University
Food Bank Alliance is a professional organization consisting of
campus-based programs focused on alleviating food insecurity,
hunger, and poverty among college and university students in the
United States. The alliance provides support, training, and
resources for campus food banks and pantries that primarily
serve students. As of June 2016, there are more than 320 campus
members of the College and University Food Bank Alliance, with
more than 30 in California.
CalFresh
CalFresh provides monthly benefits to assist low-income
households in purchasing food or food products intended for
human consumption. CalFresh benefits are 100 percent federally
funded and national eligibility standards and benefit levels are
established by the federal government.
To participate in CalFresh, households must meet certain
income-eligibility standards, work requirements, and other
documentation requirements. The average monthly benefit for a
CalFresh recipient in federal fiscal year 2015 was $126.83 per
month, or $4.23 per day, according to the USDA. Households that
receive or are eligible to receive cash assistance under
CalWORKs or General Assistance/General Relief programs are
categorically eligible for CalFresh.
CalFresh is administered locally by county human services
agencies, and the federal, state, and county governments share
in the cost of administration of the program. CalFresh currently
serves approximately 4.4 million people, according to USDA data.
Nonetheless, California's participation rate has been ranked
last or near last in the country for years, prompting concerns
---------------------------
<5>
http://ucsdnews.ucsd.edu/feature/triton_food_pantry_opens_at_uc_s
an_diego
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from the USDA, stories in the state's newspapers and two
Legislative hearings in 2014.
Electronic Benefit Transfer (EBT)
The EBT system automates the delivery, redemption, and
reconciliation of public assistance benefits such as CalWORKs
and CalFresh. EBT cards function like a bank-issued automated
teller machine (ATM) cards. EBT cardholders can slide the card
through a point-of-sale device, or use the card at an ATM.
California EBT cards can be used at more than 15,000 businesses
and over 54,000 ATMs in California.
Unlike other types of benefits that may be accessed through an
EBT card, CalFresh benefits cannot be withdrawn as cash.
CalFresh benefits can only be used to purchase food items to be
prepared and consumed at home, as well as seeds and plants that
can be grown at home and produce food.
Restaurant Meal Program
Recognizing that some recipients of SNAP (CalFresh in
California) benefits do not have access to grocery stores or the
tools necessary to prepare a hot meal, SNAP has created a
voluntary Restaurant Meals Program to help expand food access to
homeless, elderly or disabled individuals who do not have a
place to store and cook food. The Restaurant Meals Program is
voluntary. Currently, only Sacramento, Los Angeles, Alameda, San
Francisco and Santa Clara counties operate Restaurant Meals
programs. Participating restaurants generally serve fast food.
Counties authorize CalFresh recipients to receive Restaurant
Meals benefits if they meet criteria, including homelessness,
being elderly or having a disability. Under the program,
authorized restaurants within participating counties may accept
EBT payments from CalFresh recipients.
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To participate in the Restaurant Meals Program, counties must
submit a proposal for approval to CDSS. Once approved, counties
can then enter into memorandums of understanding (MOUs) with
restaurants located within the county. The MOU must contain a
requirement that the restaurant offer low cost meals to these
recipients. MOUs are also contingent on restaurants being
authorized by USDA as a SNAP retailer. In order to be approved
as a retailer, participating restaurants must include a copy of
their MOU in their retailer application, limit sales to specific
Restaurant Meals Program populations, offer meals at low cost
and not charge SNAP recipients sales tax on these meals.
Who will be served?
USDA and CDSS do not collect data that would indicate how many
Restaurant Meals Program-approved recipients are also students
enrolled in public or private postsecondary institutions.
However, according to recent research by the California State
University, approximately 10,000 students identified themselves
as homeless on their Free Application for Federal Student Aid in
2013-2014.<6> According to a story in Los Angeles Times, one in
ten students California State University students is
homeless.<7> Additionally, about 121,000 students enrolled in
California's community colleges were disabled in Fiscal Years
2013-14 and 2014-15. Low-income students who are already
receiving meal benefits through their schools are not necessary
precluded from receiving RMP benefits. Therefore these students
could benefit from on-campus RMP food vendors.
Related legislation:
AB 832 (Weber, 2013) would have required all convenience stores
and bookstores at the California State University, the
University of California, and community colleges to accept EBT
cards. It was held in the Assembly Human Services Committee.
COMMENTS
---------------------------
<6>
https://presspage-production-content.s3.amazonaws.com/uploads/148
7/cohomelessstudy.pdf?10000
<7>http://www.latimes.com/local/lanow/la-me-cal-state-homelessnes
s-20160620-snap-story.html
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AB 1747 seeks to create greater access to food for Restaurant
Meals Program recipients who are elderly, disabled or homeless
by increasing the likelihood that restaurants or cafeterias on
public and private postsecondary campuses will participate in
the program.
It requires public institutions that administer their own
on-campus prepared-food establishments (like a cafeteria) in
counties that participate in the Restaurant Meals Program, to
apply for approval. The bill would also require that public and
private postsecondary institutions operating in counties that
participate in the program to provide information to on-campus
prepared food vendors about the program. Additionally, the bill
requires public and private postsecondary institutions with
approved on-campus Restaurant Meals Program vendors to annually
advise students about the program.
The program is restricted to people who are elderly, homeless or
disabled, per federal law. This bill does not expand
eligibility for the program to students who do not meet
eligibility criteria. However, it would facilitate newly
approved Restaurant Meals Program food facilities on campuses,
thereby increasing access for benefit recipients - regardless of
whether they are enrolled in classes on the campus - to approved
food facilities on campus.
In addition to expanding awareness of the program on
postsecondary campuses throughout the state, this bill would
establish a fund to support partnerships between food banks and
on-campus food kitchens. If appropriated, the fund would allow
local partnerships to increase the amount of food available to
hungry students.
The committee suggests the following clarifying amendments:
1.An analysis prepared by Senate Education Committee suggests
that the bill might be amended to require on-campus food
vendors and counties that participate in the program to meet
existing requirements and standards for the program. Therefore
the following amendments are suggested:
Education Code section 66025.93
(a) Each public or private postsecondary education institution
that is located in a county that participates in the Restaurant
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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 the county in which
the program is operated, shall meet the requirements of the
Restaurant Meal Program as determined by the United States
Department of Agriculture.
2.This bill contains language referencing federal matching
dollars for CalFresh outreach. According to CDSS, the federal
government does not provide matching funds for CalFresh
outreach. Instead, the state receives reimbursements.
Additionally, counties are not reimbursed for CalFresh
outreach activities. Therefore, following technical
amendments are suggested in order to more closely reflect
current law and practices:
Welfare and Institutions Code section 18904.3
(a) If a private nonprofit organization , or a public
postsecondary educational institution, or other state or local
agency is successful in raising money secures funds for
CalFresh outreach activities that are allowable for partial
federal reimbursement and has secured a local governmental
agency to serve as the contracting agency complies with
contracting requirements established in state and federal law,
the department shall, upon request and subject to approval of
the state's outreach plan by the United States Department of
Agriculture, act as the organization's , or institution's , or
agency's state entity for receipt of matching funds federal
reimbursement . (b) Any reduction in federal funding to the state
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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.
PRIOR VOTES
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|Assembly Floor: |70 - |
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|Assembly Appropriations Committee: |14 - |
| |5 |
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|Assembly Human Services Committee: |5 - |
| |1 |
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POSITIONS
Support:
Western Center on Law and Poverty (Sponsor)
California Food Policy Advocates
California Immigrant Policy Center
Community Action Partnership of Orange County
Courage Campaign
National Association for the Education of Homeless Children
and Youth (NOEHCY)
Orange County Food Access Coalition
San Diego Hunger Advocacy Network
St. Anthony Foundation
The American Federation of State, County and Municipal
Employees (AFSCME)
The California Primary Care Association
The California State Student Association
The California State University (CSU)
The California State University (CSU)
The Food Bank of Contra Costa and Solano
The National Association of Social Workers, California
Chapter
The San Diego Hunger Advocacy Network
The University of California Student Association
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Oppose:
None.
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