BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 1501 (Perez) - Middle Class Scholarship Program
          
          Amended: May 25, 2012           Policy Vote: Education 6-1
          Urgency: Yes                    Mandate: No
          Hearing Date: August 6, 2012                                
          Consultant: Jacqueline Wong-Hernandez                       
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: AB 1501 establishes the Middle Class Scholarship 
          Program (MSCP), to be administered by the California Student Aid 
          Commission (CSAC), beginning with the 2012-13 academic year, and 
          provides for a continuous appropriation for purposes of funding 
          the program, contingent upon the enactment of AB 1500 (Perez). 
          This bill is an urgency measure.

          Fiscal Impact: The first-year costs of this bill will be 
          approximately $1 billion, primarily in new state financial 
          aid/scholarship distributions. Funding is contingent on 
          enactment of AB 1501 (Perez), which is on the Assembly Floor.
           CSAC: $130,000 in annual personnel costs to manage the MSCP.
           Cal Grant: Potentially substantial savings to the Cal Grant 
            program, to the extent that excess MSCP funds flow to Cal 
            Grant. To the extent that expanded Cal Grant funding covers 
            additional students, it may supplant institutional aid, as 
            well.

          Background: Existing law establishes the CSAC and outlines its 
          responsibilities which include, among other things, the 
          administration of the Cal Grant program. Existing law further 
          establishes the Cal Grant Program, to provide grants to 
          financially needy students to attend college. The Cal Grant 
          programs include both the entitlement and the competitive Cal 
          Grant awards. Eligibility for the program is based upon 
          financial need, grade point average, California residency, and 
          other eligibility criteria. (EC § 69430)

          Existing law requires the University of California (UC) and the 
          California State University (CSU) to annually report on their 
          respective institutional financial aid programs. (EC § 66021.1) 
          Existing law also requires the Board of Governors of the 








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          California Community Colleges (CCC) to annually evaluate and 
          issue reports on the fiscal and educational effectiveness of 
          community college districts according to outcome measures 
          cooperatively developed with those districts and to provide 
          assistance when districts encounter severe management 
          difficulties.  (EC § 70901)

          Proposed Law: AB 1501 establishes the MCSP under the 
          administration of the CSAC. More specifically it: 
          
        1)Establishes a program to provide scholarships for mandatory 
             systemwide fees at the UC and CSU; funds grants to cover 
             fees, books, and other educational costs at the CCC.

        2)Declares that an undergraduate student enrolled at the UC or CSU 
             is eligible for a scholarship in an amount that, when 
             combined with other financial aid received by the student, is 
             at least 2/3 of the amount charged that student in the 
             academic year for mandatory systemwide fees if the student: 
             a) Has a household income that does not exceed $150,000, 
             except that, students with an annual income above $150,000 
             but below $160,000 may receive an award reduced by 10% for 
             every thousand dollars in excess of $150,000; b) is exempt 
             from paying nonresident tuition;             c) submits a 
             Free Application for Federal Student Aid (FAFSA), or, if 
             unable to submit a FAFSA, submits an equivalent application; 
             and, d) makes timely applications for other publicly funded 
             student financial aid programs for which he/she is eligible.

        3)Requires the UC, CSU and CCC to report on the implementation of 
             the bill's provisions, as specified, as part of existing 
             annual reporting requirements under specified state law. 

        4)Authorizes the appropriation of an amount to be determined by 
             the CSAC, when combined with other financial aid sources, 
             that covers at least 2/3 of the amount of mandatory 
             systemwide fees.

        5)Continuously appropriates the amount determined necessary by the 
             CSAC from the Middle Class Scholarship Fund (MCSF), proposed 
             to be established by AB 1500 (Perez), to the CSAC for 
             allocation to the UC and CSU, as specified.

        6)Provides for the appropriation of $150 million from the MCSF to 








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             the Chancellor of the CCC to allocate to districts, on a 
             full-time equivalent (FTE) student basis, to provide grants 
             to students to reduce the impact of enrollment fees, to cover 
             the cost of textbooks, or to be used other educational 
             expenses. 

        7)Provides that, in any academic year, any funds remaining in the 
             MCSF may be expended for purposes of the Cal Grant Program 
             after funds are allocated to all eligible students. 

        8)Provides that the provisions of this bill are contingent upon 
             the enactment of AB 1500 (Perez).

          Related Legislation: AB 1500 (Perez) is the funding mechanism 
          bill upon which this bill relies. It makes the single sales 
          factor apportionment formula mandatory, revises the rules for 
          assignment of sales, and requires that revenue derived from 
          those changes be deposited in the newly MCSF. That bill is on 
          the Assembly floor.

          SB 1466 (De Leon) expands eligibility for a Cal Grant, beginning 
          in the 2014-15 academic year to a student whose household income 
          is $150,000, subject to specified funding prioritization, and 
          contingent upon SB 1356 (De Leon), that creates the Higher 
          Education Income Tax Credit. Both bills are awaiting action in 
          the Assembly Appropriations Committee.

          Staff Comments: This bill would dictate the spending priorities, 
          rules, and restrictions of the MCSF, a newly-created fund for 
          the purposes outlined.  Absent the companion bill's funding 
          mechanism, this bill would not go into effect.

          The MCSP, the program that provides the scholarship funding, 
          would be managed by the CSAC which would require 1 PY programmer 
          (to make changes to CSAC's IT systems to accommodate the new 
          program) and 1 PY to manage the actual program, the segment 
          disbursements, payment management, segment coordination, and 
          verifying student eligibility. The CSAC estimates incurring 
          $130,000 in initial implementation costs, and $130,000 in annual 
          costs.

          Assuming the MCSF has sufficient revenue to fund the MCSP, this 
          bill would likely result in the following fiscal impacts to the 
          segments:








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          CSU:  Approximately 150,000 students will receive the Middle 
          Class Scholarship, and be entitled to two-thirds of the average 
          paid tuition of $5,500. The first-year cost of the program would 
          be about $550 million.

           UC  : Approximately 44,000 students will be entitled to about 
          $7,000 each per year. The first-year costs of the program will 
          thus be about $310 million.

           CCC  : This bill entitles the CCC to $150 million, with discretion 
          granted to community college districts to determine what type of 
          aid is provided (either for fee waivers or in grants to reduce 
          other student costs).

          Any remaining funds are to be allocated to the CalGrant program.

          Staff notes, however, that it is unclear if the MCSF revenue 
          must be included in the Proposition 98 calculation. If the 
          revenue were subject to inclusion in the Proposition 98 
          calculation, and to the maintenance factor approach adopted in 
          the 2012-13 Budget, 40% -95% of this new revenue (in any given 
          year) could go to Proposition 98. If the majority of the revenue 
          went to Proposition 98 funding, that funding could not be used 
          for UC or CSU student scholarships. If there were insufficient 
          funds available in the MCSF to fully fund the MCSP, it is 
          unclear what the distribution of the available resources would 
          be among the segments.