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