BILL ANALYSIS Ó
AB 1747
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CONCURRENCE IN SENATE AMENDMENTS
AB
1747 (Weber)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |70-7 |(June 2, 2016) |SENATE: |30-7 |(August 17, |
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Original Committee Reference: HUM. S.
SUMMARY: Requires a public or private postsecondary education
institution located in a county that participates in the
Restaurant Meals Program to increase access to and provide
information about the program, as specified. Requires the
Department of Social Services (DSS) to act as the state entity
for receipt of federal reimbursement on behalf of an
organization, institution, or agency that secures funds for
CalFresh outreach activities, as specified. Creates the Public
Higher Education Pantry Assistance Program Account in the
Emergency Food Assistance Program Fund and allocates account
funds, as specified.
The Senate amendments:
1)Require an approved food vendor participating in the
Restaurant Meals Program and a county in which the program is
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operated to meet the requirements of the Restaurant Meals
Program.
2)Make technical changes regarding the inclusion of public
postsecondary educational institutions as eligible for federal
reimbursement, as specified, when securing funds for CalFresh
outreach activities.
3)Make chaptering amendments.
EXISTING LAW:
1) Establishes the Electronic Benefits Transfer (EBT) Act, and
defines the EBT system as the program designed to provide
benefits to those eligible to receive public assistance
benefits such as CalWORKs and CalFresh. (Welfare and
Institutions Code (WIC 10065) et seq.)
1)Establishes under federal law the Supplemental Nutrition
Assistance Program (SNAP) pursuant to the Food Stamp Act of
1964 and establishes, in California statute, the CalFresh
program to administer the provision of federal SNAP benefits
to families and individuals meeting certain criteria, as
specified. (WIC 18900 et seq.)
2)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)
3)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
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Code (RTC) 18852)
FISCAL EFFECT: According the Senate Appropriations Committee,
this bill was placed on the second reading file pursuant to
Senate Rule 28.8.
COMMENTS:
CalFresh: CalFresh benefits are funded entirely by the federal
government through the SNAP, and the United States Department of
Agriculture (USDA) sets specific eligibility requirements for
SNAP programs across the United States, including a gross and
net income test, work requirements, and other documentation
requirements. The maximum allowable gross income is 200% of the
Federal Poverty Level (FPL). Households with elderly or
disabled members are not subject to gross income criteria but
must have a net monthly income at or below 100% of the FPL.
Other households must meet both gross and net monthly income
tests. 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.
Restaurant Meal Program: Under SNAP rules, recipients are
limited to purchasing only non-prepared food items; however
people who are homeless, elderly, or who have disabilities are
less able to use SNAP food benefits in traditional ways due to
the lack of necessary tools, appliances or physical abilities
required to prepare their own meals. As a result of this, SNAP
allows states to choose whether or not to offer a Restaurant
Meal Program option, which allows SNAP recipients to purchase
hot prepared food in authorized restaurants. California
operates the largest Restaurant Meal Program and has allowed
counties to utilize Restaurant Meal Programs as an option since
2003.
Food insecurity: Student hunger contributes to lower
participation rates among low income students, and as such,
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students who are unable to meet their basic needs are less
likely to perform as well in college or may be forced to drop
out before graduating. According to a recent Washington Post
article, the number of food banks opening on university and
college campuses around the country is on the rise. A recent
study conducted by the California State University system found
that as much as 24% of the student population is food insecure,
though exact numbers are unknown.
Need for this 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.
However, 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. With everything that California has
invested in higher education, students continue to face higher
costs to attend California's colleges and universities. [This
bill] will help curb additional hardship while increasing a
student's ability to complete college. [This bill] 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. At this hearing,
the select committee heard about many issues related to student
food insecurity and student homelessness from colleges and
universities in San Diego County. It also became evident that
every college and university handles these issues differently.
[This bill] was conceived to help colleges and universities
address these issues."
PRIOR LEGISLATION:
AB 832 (Weber) of 2013, would have required all convenience
stores and bookstores at the California State University, the
University of California, and community colleges to accept the
use of EBT cards. It died in the Assembly Human Services
Committee.
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AB 756 (Mitchell) of 2011, would have prohibited surcharges on
ATM (automated teller machine) withdrawals and POS transactions
for CalWORKs recipients when they use their state-issued EBT
card. It died in the Assembly Human Services Committee.
Analysis Prepared by:
Kelsy Castillo / HUM. S. / (916) 319-2089 FN:
0004270