BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       SB 285
          AUTHOR:        De Leon
          INTRODUCED:    February 14, 2013
          FISCAL COMM:   Yes            HEARING DATE:  April 17, 2013
          URGENCY:       No             CONSULTANT:Kathleen Chavira

           SUBJECT  :  Cal Grant Program.
          
           SUMMARY  

          This bill provides for the use of funds from the College  
          Access Tax Credit Fund (CATC) (to be established if  
          legislation is enacted to create the CATC) to increase the  
          amount of the Cal Grant B Access Award up to a maximum of  
          $5000 per award per academic year.

           BACKGROUND  

          Current law authorizes the Cal Grant Program, administered  
          by the California Student Aid Commission, to provide grants  
          to financially needy students to attend college.  The Cal  
          Grant programs include both the entitlement and the  
          competitive Cal Grant awards.  The program consists of the  
          Cal Grant A, Cal Grant B, and Cal Grant C programs, and  
          eligibility is based upon financial need, grade point  
          average, California residency, and other eligibility  
          criteria, as specified in Education Code § 69433.9.  These  
          programs currently operate as follows:

            Cal Grant A* High School Entitlement Program provides  
            tuition fee funding for the equivalent of four full-time  
            years at qualifying postsecondary institutions to  
            eligible lower and middle income high school graduates  
            who have at least a 3.0 grade point average (GPA) on a  
            four-point scale and apply within one year of graduation.

            Cal Grant B* High School Entitlement Program provides  
            funds to eligible low-income high school graduates who  
            have at least a 2.0 GPA on a four-point scale and apply  
            within one year of graduation.  The award provides up to  
            $1,551 for books and living expenses for the first year  




                                                                SB 285
                                                                Page 2



            and each year following for up to four years (or  
            equivalent of four full-time years). After the first  
            year, the award also provides tuition fee funding at  
            qualifying postsecondary institutions.

            Community College Transfer Program provides a Cal Grant A  
            or B to eligible high school graduates who have a  
            community college GPA of at least 2.4 on a four point  
            scale and transfer to a qualifying baccalaureate degree  
            granting college or university.

            Cal Grant Competitive Award Program provides 22,500 Cal  
            Grant A and B awards available to applicants who meet  
            financial, academic, and general program eligibility  
            requirements.  Half of these awards are reserved for  
            students enrolled at a community college and who met the  
            September 2 application deadline.

            Cal Grant C Program provides funding for financially  
            eligible lower income students preparing for occupational  
            or technical training. The authorized number of new  
            awards is 7,761.  For new and renewal recipients, the  
            current tuition and fee award is up to $2,592 and the  
            allowance for training-related costs is $576. (Education  
            Code § 69430 - § 69450)

          Current law also authorizes the Cal Grant T program to  
          provide assistance to individuals who attend teacher  
          credential programs at colleges and universities approved  
          by the California Commission on Teacher Credentialing.  
          According to the California Student Aid Commission, the  
          Governor and the California State Legislature have not  
          permitted new awards for the Cal Grant T program since the  
          2002-2003 academic year.

           ANALYSIS
           
           This bill  provides for the use of funds from the College  
          Access Tax Credit (CATC) Fund for purposes of increasing  
          the Cal Grant B access award. Specifically it: 

          1)   Declares the intent that CATC Funds supplement other  
               funds appropriated for the Cal Grant Program and, once  
               the CATC Fund is established, prohibits the adjustment  
               of the Cal Grant B Access Award below the level set in  
               the Budget Act of 2012 ($1,473).




                                                                SB 285
                                                                Page 3




          2)   Requires the California Student Aid Commission (CSAC)  
               to certify the amount of moneys available for  
               distribution from the CATC fund beginning April 1,  
               2015, and annually thereafter by April 1st and  
               further:

                    a)             Prohibits the amount available for  
                    distribution in any year from exceeding 85  
                    percent of the certified fund balance.

                    b)             Requires the CSAC to thereafter  
                    determine the amount of the supplemental awards  
                    to be granted.

                    c)             Appropriates the amount certified  
                    by the CSAC to the CATC for the purpose of making  
                    supplemental access costs awards under the Cal  
                    Grant B program. 

          3)   Requires that any funds remaining after all  
               supplemental awards are made be retained in the CATC  
               for allocation in future fiscal years.

          4)   Establishes the following conditions and restrictions  
               on the supplemental awards:

                    a)             Requires that they be made for  
                    "access costs" as defined under the provisions of  
                    the Cal Grant Program.

                    b)             Caps the amount of the  
                    supplemental award, when combined with the annual  
                    award amount established in the annual Budget  
                    Act, at $5,000.

                    c)             Provides that these awards are  
                    only payable to the extent moneys are available  
                    from the College Access Tax Credit Fund (CATC).

                    d)             Requires the California Student  
                    Aid Commission (CSAC) to inform award recipients  
                    that the award is for one academic year only, not  
                    an entitlement, and that future supplemental  
                    awards are subject to the availability of moneys  
                    in the CATC.




                                                                SB 285
                                                                Page 4




           STAFF COMMENTS  

           1)   Need for the bill  . According to the author, adjusted  
               for inflation, a Cal Grant B award today should be  
               $5,900.  Instead, it has lost most of its purchasing  
               power over time and is currently only $1,473.   
               Receiving more financial aid to cover non-tuition  
               costs will enable students to limit their work hours  
               while enrolled, reduce their need to borrow, and  
               ensure that they can focus on their studies and  
               graduate.

           2)   Access costs?   Current law defines "access costs", for  
               purposes of the Cal Grant Program, as living expenses  
               and expenses for transportation, supplies, and books.  
               (EC § 69432.5)

           3)   Cal Grant A versus Cal Grant B  . Cal Grant A awards are  
               provided to students to cover the cost of tuition or  
               fees at public colleges and to assist with these costs  
               at private colleges and some private career colleges.  
               Under Cal Grant B, a student is awarded a grant for  
               purposes of access costs for the first year.  After  
               the freshman year, the Cal Grant B award may also  
               cover tuition and fees in the same amount as a Cal  
               Grant A. Current law provides that the amount of the  
               award for access costs cannot exceed $1,551, but  
               provides that this amount may be adjusted in the  
               annual Budget Act.  (EC § 69435) 

               Traditionally, the amount of the Cal Grant A award, as  
               well as the portion of the Cal Grant B which covers  
               tuition and fees, has been set at a level which covers  
               the tuition/fees at California's public postsecondary  
               institutions.  In 2013-14, the maximum awards for Cal  
               Grants A and B are equal to the mandatory systemwide  
               tuition fees at a University of California ($12,192)  
               and California State University ($5,472), $9,084 at  
               independent non-profit institutions and Western  
               Association of Schools and Colleges-accredited private  
               for-profit institutions, and $4,000 at all other  
               private for-profit institutions.

               The Cal Grant B access award is statutorily capped at  
               $1,555, but was reduced by 5%, to $1473 in the 2012-13  




                                                                SB 285
                                                                Page 5



               Budget Act.

               According to the CSAC, in 2010-11, the average income  
               for new Cal Grant B recipients was $17,407, versus  
               $45,735 for new Cal Grant A recipients.  There were a  
               total of 35,747 new recipients for Cal Grant A and  
               94,710 new recipients of Cal Grant B.  The largest  
               number and percentage of Cal Grant B recipients were  
               at the California Community Colleges (53%) while the  
               largest number and percentage of Cal Grant A  
               recipients were at the University of California (21%).  


           4)   Inappropriate roles/authority  .  This bill requires the  
               CSAC to certify the amount of moneys available for  
               distribution from the CATC and then appears to give  
               the CSAC the ability to continuously appropriate these  
               funds to itself for the purpose of making these  
               awards. As drafted, the bill extends authorities and  
               roles to the CSAC which are generally held by the  
               State Treasurer and the Legislature.  The companion  
               measure, SB 284 (De Leon) makes it clear that it is  
               the Treasurer who makes the related certifications and  
               that these funds are allocated to the CSAC upon  
               appropriation by the Legislature.
                
               Staff recommends the bill be amended to clarify that:

               a)        The Treasurer shall annually certify the  
                    amount available for 
                         distribution.

               b)        The CSAC shall determine and recommend, as  
                    part of its annual budget proposal, the amount of  
                    the supplemental awards to be granted.

               c)        CATC Funds shall be made available to the  
                    CSAC for the purposes outlined in the bill, upon  
                    appropriation by the Legislature in the annual  
                    Budget Act.

           5)   Contingency language needed  .  The ability to implement  
               the provisions of this bill will rely upon the  
               enactment of SB 284 (De Leon) which is pending hearing  
               in the Senate Governance and Finance Committee on  
               April 24, 2013. SB 284: 




                                                                SB 285
                                                                Page 6




               a)        Establishes the College Access Tax Credit  
                    Fund (CATC).

               b)        Establishes a tax credit equal to a  
                    percentage of the contributions to the CATC. 

               c)        Requires that all revenue in the CATC, upon  
                    appropriation by the Legislature, be allocated to  
                    the CSAC for purposes of awarding Cal Grants to  
                    students eligible pursuant to the provisions of  
                    the Education Code

               d)        Provides for a repeal of the tax credit in  
                    December 2017. 

               Staff recommends the bill be amended to make the  
               provisions of this bill contingent upon the enactment  
               of SB 284.

                   c)        Prior legislation  .  SB 1466 (De Leon,  
                    2012)  as amended by this committee, expanded  
                    eligibility for a Cal Grant to include a student  
                    with a household income up to $150,000, subject  
                    to specified funding prioritization, and  
                    contingent upon legislation that created a fund  
                    for this purpose (SB 1356, De Leon, 2012).  SB  
                    1466 passed this committee in April 2012 by a  
                    vote of 8-1, but was subsequently amended to  
                    address a different subject. 

           SUPPORT  

          Association of Independent California Colleges and  
          Universities
          California Catholic Conference
          California Community College Association of Student  
          Trustees
          California Competes
          California State Student Association
          California Student Aid Commission
          Campaign for College Opportunity
          Education Trust-West
          Los Angeles Community College District
          Public Advocates Inc.
          Southern California College Access Network




                                                                SB 285
                                                                Page 7



          Student Senate for California Community Colleges
          The Institute for College Access & Success
          Young Invincibles

           OPPOSITION

           None received.