BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 1210 (Lara) - California DREAM Loan Pogram
          
          Amended: April 22, 2014         Policy Vote: Education 5-0
          Urgency: No                     Mandate: No
          Hearing Date: May 12, 2014      Consultant: Jacqueline  
          Wong-Hernandez
          
          This bill meets the criteria for referral to the Suspense File. 

          
          Bill Summary: SB 1210 establishes the California DREAM Loan  
          Program (CDLP) for purposes of extending loans to students who  
          meet the requirements established by AB 540 and have financial  
          need, and authorizes any campus of the University of California  
          (UC) and the California State University (CSU) to participate,  
          as specified. 

          Fiscal Impact: The cost of the CDLP will depend on the number of  
          participating CSU and UC campuses, and the number of  
          participating students on each campus. The state's direct  
          contribution level is linked to that of the campuses; the more  
          campuses and students who participate, the higher the direct  
          state contribution amount.
              State share: Costs will vary by year but, based on needs  
              projections, are likely to be approximately $4 million for  
              the first year (General Fund). Costs will likely rise as the  
              program becomes more widespread and popular.
              CSU/UC share: Costs will vary by year, and by whether or  
              not campuses participate. Based on the universe of potential  
              borrowers, first year costs will likely be approximately $1  
              million total. See staff comments.
              Administration: The UC and CSU will be allowed to retain 5%  
              of the CDLP costs for administration and both institutions  
              believe that amount will be sufficient to cover their  
              administrative costs.
              California Student Aid Commission (CSAC): Potentially  
              significant ongoing costs to certify student eligibility to  
              participate in the loan program.

          Background: Existing law allows (beginning January 1, 2013) AB  
          540 students to be eligible to apply for, and participate in,  
          any student financial aid program administered by the State of  








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          California to the full extent permitted by federal law. The CSAC  
          is required to establish procedures and forms that enable AB 540  
          students to apply for, and participate to the full extent  
          permitted by federal law. Existing law prohibits AB 540 students  
          from being eligible for Competitive Cal Grant A and B awards  
          unless specified conditions are met.  (Education Code � 69508.5)

          Existing law provides that a student attending the CSU, the  
          California Community Colleges (CCC), or the UC who is exempt  
          from paying nonresident tuition under the provisions of AB 540  
          is eligible to receive a scholarship derived from nonstate funds  
          received, for the purpose of scholarships, by the segment at  
          which he or she is a student.  (EC � 66021.7)

          Existing law further requires the Trustees of the CSU and the  
          Board of Governors of the CCC, and requests the UC Regents, to  
          establish procedures and forms that enable AB 540 students to  
          apply for, and participate in, all student aid programs  
          administered by these segments to the full extent permitted by  
          federal law.  (EC � 66021.6)

          Proposed Law: This bill establishes the CDLP, a voluntary  
          campus-based student loan program to provide loans to UC and CSU  
          students, who meet specified requirements, beginning in the  
          2015-16 academic year. 
               
          This bill establishes eligibility and participation requirements  
          for student participation in the CDLP, and establishes a  
          CSAC-administered certification process for determining that the  
          requirements are met. This bill also establishes the  
          administrative responsibilities of a UC or CSU campus that  
          chooses to participate in the loan program. 

          The CDLP caps the annual amount of a loan at $4,000 and the  
          aggregate amount from the program at a single institution at  
          $20,000, and sets the interest rate at the then-current interest  
          rate for undergraduate loans under the William D. Ford Federal  
          Direct Loan Program, and makes other changes modeled after that  
          program.

          With regard to CDLP funding, this bill:

             a)   Declares the Legislature's intent that Budget Act  
               funding for the purposes of the loan program be  








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               appropriated annually to participating institutions.

             b)   Requires that the Budget Act allocate funding based upon  
               the number of eligible students attending the institution  
               who applied for student financial aid the prior academic  
               year.

             c)   Requires each participating institution to deposit  
               appropriated funds into a revolving fund established by  
               each institution for the purposes of awarding loans and  
               receiving loan repayments. 

             d)   Requires a participating institution to match funds  
               provided by the state by annually contributing  
               discretionary funds equal to at least 25% of all funds  
               available for loan distribution for that academic year.

             e)   Prohibits the receipt of state funds by an institution  
               if it results in the institution's contribution to the fund  
               being less than 25% of the total funds available. 

             f)   Requires that the UC and CSU annually report the dollar  
               amount of each loan awarded and the number of students  
               awarded a loan.

             g)   Entitles each participating institution to an annual  
               administrative cost allowance equal to 5% of the  
               institution's total loan funds awarded each year, as  
               specified. 

          Staff Comments: This bill would establish a revolving loan fund  
          to provide student loans to undocumented students, patterned  
          after the Federal Direct Loan Program. The loan program would be  
          voluntarily implemented by campuses of the UC and CSU, and  
          participating campuses could choose to stop offering it at any  
          time. The bill specifies, however, legislative intent to  
          appropriate the state's projected share (which is 75% of the  
          grant costs) for each year, in the annual Budget Act.

          In order to participate, UC and CSU campuses would pay 25% of  
          the grant costs from "discretionary funds", and draw down the  
          other 75% from the state General Fund. This bill does not define  
          campus discretionary funds; there is nothing in this bill or  
          existing statute that would prevent participating campuses from  








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          using a portion of their state funding for their DREAM loan  
          program contribution and, in effect, making 100% of the loan  
          program supported by General Fund dollars.  

          The cost projections in the Fiscal Impact are based on 1,300  
          students borrowing the maximum $4,000 each. The UC and CSU have  
          both indicated that their undocumented students generally have  
          financial need in excess of $5,000 per year. Increases in  
          program participation by campuses and eligible students will  
          likely increase the need for more up-front funding. If the loans  
          are successfully repaid to the revolving loan fund with  
          interest, the program may eventually become cost-neutral, or  
          even result in a net increase in revenue, to the extent that  
          interest paid on the loans exceeds administrative costs and loan  
          defaults.  

          The UC and CSU are likely to be able to cover their  
          administrative costs within the bill's 5% cost allowance; it is  
          likely that the workload increase for participating campuses  
          would be minor, since they already have financial aid offices  
          with staff who handle a broad array of financial aid processes  
          and issues. The CSAC, however, could incur new costs to modify  
          the Dream Act application, process student DREAM loan  
          applications, and certify their program eligibility (which is  
          required prior to a campus issuing the loan).