BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1862
                                                                  Page  1

          Date of Hearing:   April 1, 2014

                       ASSEMBLY COMMITTEE ON HIGHER EDUCATION
                                 Das Williams, Chair
                AB 1862 (Melendez) - As Introduced:  February 19, 2014
           
          SUBJECT  :   Postsecondary education: financial aid.

           SUMMARY :   Deletes the July 1, 2019 sunset of the California  
          National Guard (CNG) Education Assistance Award Program (EAAP);  
          extending the CNG EAAP indefinitely. 

           1)EXISTING LAW  Establishes the CNG EAAP to enhance retention  
            within the CNG and sets  specific conditions of eligibility  
            for participation in the program, including, but not limited  
            to the following: 1) the person is a resident of California,  
            as specified in current law; 2) the person is an active member  
            of, and has served two years in, the CNG, the State Military  
            Reserve (SMR), or the Naval Militia; 3) the person has been  
            accepted or registered at, enrolled in, a qualifying  
            institution, as specified in current law; 4) the person has  
            submitted the Free Application for Federal Student Aid (FAFSA)  
            to the U. S. Department of Education; and, 5) each person  
            applying for the CNG EAAP shall submit an application for an  
            award to the Adjutant General; 

          2)Specifies that the California Student Aid Commission (CSAC) is  
            responsible for issuing the awards upon receipt of a  
            certificate from the Adjutant General verifying that the  
            applicant meets the eligibility requirements and requires CSAC  
            to report annually to the Legislature regarding the EAAP  
            participants, as specified;

          3)Specifies that qualifying members shall not receive both a CNG  
            EAAP and any Cal Grant award in the same academic year and  
            specifies the amount of an award issued shall be as follows:  
            1) for a recipient attending the University of California (UC)  
            or the California State University (CSU), the maximum amount  
            of the Cal Grant A award, pursuant to current law, as adjusted  
            in the annual Budget Act; 2) for a recipient attending a  
            community college, the maximum amount of the Cal Grant B  
            award, pursuant to current law, as adjusted in the annual  
            Budget Act; and, 3) for a recipient attending a nonpublic  
            institution, the maximum amount of a Cal Grant A award for a  
            student attending the UC pursuant to current law, as adjusted  








                                                                  AB 1862
                                                                 Page  2

            in the annual Budget Act; 

          4)Specifies the following: 1) an award used for graduate studies  
            shall not exceed the maximum amount of a Cal Grant A award, as  
            specified, plus $500.00 for books and supplies; 2) the award  
            amount shall not exceed the difference between the recipient's  
            cost of attendance and any other student financial aid and  
            educational benefits pursuant to the federal Montgomery GI  
            Bill (38 U.S.C. Sec. 3001, et seq.) or any other federal  
            educational benefits program for veterans; and, 3) CNG  
            Education Assistance awards may be renewed for each new  
            academic year, for a maximum of the greater of either 1) four  
            years of full-time equivalent enrollment or 2) the duration  
            for which the qualifying member would otherwise be eligible  
            pursuant to the Cal Grant Program, if the Adjutant General  
            certifies the qualifying member's eligibility and the  
            qualifying member maintains at least a 2.0 cumulative grade  
            point average; and,

          5)Tasks the Legislative Analyst's Office (LAO), on or before  
            January 1, 2016, to prepare and submit to the Legislature a  
            report on the CNG EAAP, including recommendations for  
            modifying or extending the CNG EAAP; and, specifies that the  
            CNG EAAP, as of July 1, 2019 shall become inoperative, and on  
            January 1, 2020, is repealed unless a later enacted statute,  
            that becomes operative on or before January 1, 2020, deletes  
            or extends the dates on which it becomes inoperative and is  
            repealed (Education Code � 69999.16, et seq.).
           
          FISCAL EFFECT  :   Unknown

           COMMENTS  :    Background  .  The CNG EAAP, which went into effect on  
          January 1, 2010, is a State-funded grant for up to 1,000 service  
          members in the CNG, SMR, or the Naval Militia, or as many  
          participants as the annual budget will allow.  CNG EAAP  
          authorizes the CSAC to make payments to eligible program  
          participants.  Participants can receive up to the amount of the  
          Cal Grant A award for attending the UC or the CSU, up to the Cal  
          Grant B award for attending a community college, or up to the UC  
          Cal Grant A amount for attending a non-public institution.  CNG  
          EAAP graduate school students may receive an additional $500.00  
          for books and supplies. 

           Application process  .  Initial applicants must submit an EAAP  
          Initial Application, the Statement of Understanding, and FAFSA  








                                                                  AB 1862
                                                                  Page  3

          prior to the application deadline dates indicated below. For  
          initial applicants, the priority application period starts on  
          January 15 (or the next business day) and ends on the priority  
          deadline date of April 30.  The application process will  
          continue to remain open after April 30 on a first-come,  
          first-serve basis until January 14, or until all awards have  
          been exhausted.  Renewal participants must complete the EAAP  
          Renewal Application and the Renewal Statement of Understanding.  
          Renewal paperwork is available from January 15 (or the next  
          business day) through the deadline date of June 1.  Failure to  
          renew will result in withdrawal from the CNG EAAP.

           Award dollars  .  The award amounts for recipients of the CNG EAAP  
          for the 2012-2013 and the 2013-14 Academic Year are:

          1)Up to $1,473.00 at the community college (per Cal Grant B)

          2)Up to $12, 192 at the UC or a non-public institution (per Cal  
            Grant A)

          3)Up to $5,472  at the CSU (per Cal Grant A)

           Need for the bill .  According to the author, CNG EAAP is crucial  
          to helping service members of the CNG further their education.  
          The author states, "The discontinuation of the program in July  
          of 2019, will no longer allow our service members to strive for  
          a secondary education." 

           How many  ?  According to the California Military Department,  
          since the enactment of the CNG EAAP, to date, the program has  
          not exceeded 1,000 awards in one academic year.  To note, thus  
          far in the 2013-14 academic year (AY), there are 345  
          participants.  The chart below shows the number of participants  
          in the CNG EAAP over the course of four years:

           ----------------------------------------------------------------- 
          |               AY               |Number of CNG EAAP Participants |
          |--------------------------------+--------------------------------|
          |2009-10                         |243                             |
          |--------------------------------+--------------------------------|
          |2010-11                         |450                             |
          |--------------------------------+--------------------------------|
          |2011-12                         |322                             |
          |--------------------------------+--------------------------------|
          |2012-13                         |292*                            |








                                                                  AB 1862
                                                                  Page  4

           ----------------------------------------------------------------- 
          *For the 2012-13 AY, 156 previously qualifying institutions  
          became ineligible because of a change to the definition of a  
          qualifying institution for the Cal Grant program.  Due to this  
          change, 59 new applicants who had submitted completed  
          applications had to be turned away. 
           
          Award dollars  ?  According to the California Military Department,  
          in the 2013-14 AY, $2,445,535.00 has been budgeted for CNG EAAP  
          awards.  To date, the CNG EAAP has paid out $1,532,485.00 in  
          awards for the 2013-14 AY.   To note, the California Military  
          Department is projected to use all the funds for this AY.  The  
          chart below shows the dollar amount that has been awarded to  
          eligible participants over the course of four years:

           ----------------------------------------------------------------- 
          |               AY               |   Distributed Award Dollars    |
          |--------------------------------+--------------------------------|
          |2009-10                         |$795,759.00                     |
          |--------------------------------+--------------------------------|
          |2010-11                         |$2,472,246.00                   |
          |--------------------------------+--------------------------------|
          |2011-12                         |$2,418,392.00                   |
          |--------------------------------+--------------------------------|
          |2012-13                         |$1,988,534.00*                  |
          |                                |                                |
           ----------------------------------------------------------------- 
          *For the 2012-13 AY, 156 previously qualifying institutions  
          became ineligible because of a change to the definition of a  
          qualifying institution for the Cal Grant program.  Due to this  
          change, 59 new applicants who had submitted completed  
          applications had to be turned away. 

           Committee consideration  .  As discussed in the "Existing Law"  
          section of this analysis, the LAO, on or before January 1, 2016,  
          is to issue a report to the Legislature on the status of the CNG  
          EAAP that may include recommendations for modifying or extending  
          the program.  Should the committee vote to delete the sunset of  
          the CNG EAAP prior to receiving the LAO recommendations?

          Instead of deleting the sunset of the CNG EAAP, staff recommends  
          that this measure be amended to move the due date of the LAO  
          report on the status of the CNG EAAP that may include  
          recommendations for modifying or extending the program, from on  
          or before January 1, 2016, to on or before January 31, 2015.








                                                                  AB 1862
                                                                  Page  5


           Related legislation .  AB 1781 (Linder), which is scheduled to be  
          heard in this committee today, revises the eligibility condition  
          of the CNG EAAP to specify that it is satisfied by a person  
          enrolling in at least three academic units per semester, or the  
          equivalent thereof, including summer sessions and intersession  
          terms.    
           
           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers
          California State Commanders Veterans Council
          Military Officers Association of America, California Council of  
          Chapters
          Vietnam Veterans of America, California State Council

           Opposition 
           
          None on file.

           
          Analysis Prepared by  :    Jeanice Warden / HIGHER ED. / (916)  
          319-3960