Bill Text: CA SB190 | 2021-2022 | Regular Session | Amended
Bill Title: Higher education budget trailer bill.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-08-31 - Ordered to inactive file on request of Assembly Member Reyes. [SB190 Detail]
Download: California-2021-SB190-Amended.html
Amended
IN
Assembly
August 26, 2022 |
Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 17201 of the Education Code is amended to read:17201.
(a) The Higher Education Student Housing Grant Program is hereby established to provide one-time grants for the construction of student housing, or for the acquisition and renovation of commercial properties into student housing for the purpose of providing affordable, low-cost housing options for students enrolled in public postsecondary education in California.(d)(1)Applicants for a University of California campus or a California State University campus shall submit their applications to their respective administering entities on or before October 31 in the year the funds are appropriated. This includes applicants reapplying for a grant for a project that was deemed ineligible in a previous year, who may submit their revised and updated applications.
(2)Applicants for a community college campus or district reapplying for a grant for a project that was deemed ineligible in a previous year may submit their revised and updated applications to their administering entity on or before October 31, 2022.
(3)Applicants for a community college campus or district shall submit their applications to their administering entity on or before October 31, 2023. This includes applicants reapplying for a grant for a project that was deemed ineligible in a previous year, who may submit their revised and updated applications.
(2)Applicants reapplying for a grant for a project that was deemed ineligible in a previous year may submit their revised and updated applications to their respective administering entities pursuant to subdivision (d), and for any of these revised and updated project applications demonstrating compelling and urgent public benefits, the administering entities may submit to the Joint Legislative Budget Committee a list of the projects proposed for inclusion in the annual Budget Act or other legislation for priority consideration by January 10, 2023.
(5)
(p)Three million eight hundred ninety-three thousand dollars ($3,893,000) is hereby appropriated in the 2022–23 fiscal year to support student housing grants pursuant to this section. The specific projects to be funded with this appropriation shall be identified in subsequent legislation.
(q)
(r)
SEC. 2.
Chapter 14.28 (commencing with Section 67329.1) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:CHAPTER 14.28. California Student Housing Revolving Loan Fund Act of 2022
Article 1. Title
67329.1.
This chapter shall be known, and may be cited, as the California Student Housing Revolving Loan Fund Act of 2022.Article 2. Definitions
67329.2.
As used in this chapter, unless the context requires otherwise, the following definitions apply:Article 3. The California Student Housing Revolving Loan Fund
67329.3.
(a) (1) The California Student Housing Revolving Loan Fund is hereby established in the State Treasury to provide zero-interest loans to qualifying college and university applicants for the purpose of constructing affordable student housing and affordable faculty and staff housing. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are hereby continuously appropriated without regard to fiscal years for purposes of this chapter.Article 4. Criteria and Process
67329.4.
(a) Each authority shall develop a uniform application that includes requests for relevant information, such as project goals, costs, number of students or faculty and staff to be housed, timeline for the project, financial feasibility of the project, and other information deemed necessary for evaluation of creditworthiness and public benefit criteria established by each authority pursuant to this chapter. The applications shall be available no later than April 1, 2024, in accordance with each authority’s existing regulations or any necessary amendments, which shall be undertaken as emergency regulations, if necessary.67329.5.
A project financed pursuant to this chapter shall meet all of the following requirements:67329.51.
(a) For projects financed pursuant to this chapter, participating colleges and universities and participating nonprofit entities shall do all of the following:Article 5. Repayment and Bond Issuance
67329.6.
(a) For each loan made by an authority, the authority shall establish a schedule of payments, the primary source of which may be lease or rent payments for occupancy of the project financed by that loan, and the sum of which shall be calculated to result in full payment of the loan within a reasonable period of time not to exceed 30 years.Article 6. Rulemaking
67329.7.
Each authority may adopt, amend, or repeal rules and regulations pursuant to this chapter as emergency regulations. The adoption, amendment, or repeal of these regulations is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1 of the Government Code.Article 7. Reporting
67329.8.
Each authority shall provide a report to the Department of Finance and the budget committees of the Assembly and Senate by March 15, 2025. The report shall include, but shall not necessarily be limited to, all of the following information:Article 8. Administrative Costs
67329.9.
Each authority may charge against the fund its administrative costs, which shall not exceed 3 percent of the authority’s respective allocation amount or proportion of the fund, as the fund may be augmented by revenue bonds over time.SEC. 3.
Section 69432.7 of the Education Code is amended to read:69432.7.
As used in this chapter, the following terms have the following meanings:CAL GRANT PROGRAM INCOME CEILINGS |
Cal Grant A, C, and T | Cal Grant B | |
Dependent and Independent students with dependents* | ||
Family Size | ||
Six or more | $74,100 | $40,700 |
Five | $68,700 | $37,700 |
Four | $64,100 | $33,700 |
Three | $59,000 | $30,300 |
Two | $57,600 | $26,900 |
Independent | ||
Single, no dependents | $23,500 | $23,500 |
Married | $26,900 | $26,900 |
spouse.
CAL GRANT PROGRAM ASSET CEILINGS |
Cal Grant A, C, and T | Cal Grant B | |
Dependent** _____ _____ | $49,600 | $49,600 |
Independent
_____
_____
| $23,600 | $23,600 |
spouse.
SEC. 4.
Section 70023 of the Education Code is amended to read:70023.
(a) For each academic year, the commission shall determine an amount sufficient, when combined with other federal, state, or institutionally administered student scholarships, grants, or fee waivers received by eligible students from other sources, to provide scholarships to eligible students in the amounts described in paragraphs (2), (4), and (5) of subdivision (a) of Section 70022. The University of California, the California State University, and the office of the Chancellor of the California Community Colleges shall provide the commission with any financial aid data that are necessary for the determination of these amounts.SEC. 5.
Section 79222 of the Education Code is amended to read:79222.
A student participant in the program shall meet both of the following requirements:SEC. 6.
Section 79223 of the Education Code is amended to read:79223.
The board of governors shall adopt regulations that authorize the director of the Community College Extended Opportunity Programs and Services at each community college to accept students who are enrolled in at least nine units intoSEC. 7.
Section 79223.5 is added to the Education Code, to read:79223.5.
All current and former foster youth who meet NextUp eligibility criteria specified in Sections 79222 and 79223 are eligible to enroll in the NextUp program and shall not be required to meet additional eligibility requirements as a condition for enrollment in the NextUp program.SEC. 8.
Section 79225 of the Education Code is amended to read:79225.
(a) The board of governors, in consultation with the State Department of Social Services, shall adopt regulations for the program. The board of governors shall be responsible for the administration of funds for the program. To the extent possible, the State Department of Social Services, in consultation with the County Welfare Directors Association of California, the Chief Probation Officers of California, and other advocates, shall consult with the chancellor’s office to ensure that services provided under this article to eligible youths are coordinated with, and do not supplant, other services provided by the county and state.SEC. 9.
Section 79511 of the Education Code is amended to read:79511.
(a) (1) The Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program is hereby established at the California Community Colleges to provide culturally responsive services to enhance student educational experiences and promote higher education success for low-income, underserved, and first-generation AANHPI students and other underrepresented students.(4)
(5)
(4)An assessment of the impact of the program, including a comparison of the impact of the program relative to other support strategies implemented by each participating community college for the same or similar student groups.
SEC. 10.
Section 87861 of the Education Code is amended to read:87861.
For(b)
(c)
SEC. 11.
Section 87862 of the Education Code is amended to read:87862.
The governing board of a community college district may provide a program of health insurance for part-timeSEC. 12.
Section 87863 of the Education Code is amended to read:87863.
(a) A part-time faculty member and(b)
(c)
SEC. 13.
Section 87864 of the Education Code is amended to read:87864.
SEC. 14.
Section 87865 is added to the Education Code, to read:87865.
(a) A multidistrict part-time faculty member who individually purchases health insurance benefits is eligible to participate in the program established pursuant to this article.SEC. 15.
Section 87867 of the Education Code is amended to read:87867.
(a) By June 15 of each year, the Chancellor of the California Community Colleges shall apportion to each community college district that establishes a program pursuant to this article an amount that equals up to one-half of the total cost of the individualSEC. 16.
Section 88280 of the Education Code is amended to read:88280.
(a) The Classified Community College Employee Summer Assistance Program is hereby established for participating classified employees of participating community college districts under this section.(2)
(3)
SEC. 17.
Section 89297.1 of the Education Code is amended to read:89297.1.
(a) (1) The Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Student Achievement Program is hereby established at the California State University to provide culturally responsive services to enhance student educational experiences and promote higher education success for low-income, underserved, and first-generation AANHPI students and other underrepresented students.(4)
(5)
(4)An assessment of the impact of the program, including a comparison of the impact of the program relative to other support strategies implemented by each participating campus for the same or similar student groups.
SEC. 18.
Section 94110 of the Education Code, as amended by Section 1 of Chapter 123 of the Statutes of 2022, is amended to read:94110.
As used in this chapter, the following words and terms have the following meanings, unless the context indicates or requires another or different meaning or intent:(p)
SEC. 19.
Section 94140 of the Education Code, as amended by Section 2 of Chapter 123 of the Statutes of 2022, is amended to read:94140.
The authority shall have power to do all of the following:SEC. 20.
Section 94144 of the Education Code is amended to read:94144.
(a) The authority is authorized from time to time to issue its bonds for any corporate purpose. In anticipation of the sale of the bonds, the authority may issue bond anticipation notes and may renew the bond anticipation notes from time to time. The bond anticipation notes shall be paid from any revenues of the authority or other moneys available for payment of bond anticipation notes and not otherwise pledged, or from the proceeds of sale of the bonds of the authority in anticipation of which the bond anticipation notes were issued. The bond anticipation notes shall be issued in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing the bond anticipation notes may contain any provisions, conditions, or limitations which a bond resolution of the authority may contain.SEC. 21.
Section 94146 of the Education Code, as amended by Section 3 of Chapter 123 of the Statutes of 2022, is amended to read:94146.
(a) Bonds issued under the provisions of this chapter shall not be deemed to constitute a debt or liability of the state or of any political subdivision of the state, or a pledge of the faith and credit of the state or of any political subdivision other than the authority, but shall be payable solely from the funds herein provided. All bonds shall contain a statement to the effect that neither the State of California nor the authority shall be obligated to pay the bond or the interest on the bond except from revenues of the authority, and that neither the faith and credit nor the taxing power of the state or of any political subdivision of the state is pledged to the payment of the principal of, or the interest on, the bonds.SEC. 22.
Section 94147 of the Education Code is amended to read:94147.
(a) The authority may fix, revise, charge, and collect rates, rents, fees, and charges for the use of and for the services furnished or to be furnished by each project, and may contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof. These rates, rents, fees, and charges shall be fixed and adjusted in respect of the aggregate of rents, rates, fees, and charges from the project so as to provide funds sufficient with other revenues or moneys, if any, to accomplish all of the following:SEC. 23.
Section 94151 of the Education Code, as amended by Section 5 of Chapter 123 of the Statutes of 2022, is amended to read:94151.
(a) The authority is hereby authorized to loan funds to a participating institution or university applicant and to provide for the issuance of bonds for the purpose of refinancing working capital or projects not originally funded pursuant to this chapter, such refinancing to include the repayment of costs, as defined in Section 94110, incurred for projects by the participating institution or university applicant and which have a completion date subsequent to December 29, 1969.SEC. 24.
Section 94154 of the Education Code is amended to read:94154.
The State of California pledges and agrees with the holders of the bonds, notes, and other obligations issued pursuant to authority contained in this chapter, and with those parties who may enter into contracts with the authority pursuant to this chapter, that the state will not limit, alter, or restrict the rights hereby vested in the authority and the participating privateSEC. 25.
Section 94190 of the Education Code is amended to read:94190.
(a) In addition to the foregoing powers, the authority shall have power to accomplish both of the following:SEC. 26.
Section 94191 of the Education Code, as amended by Section 6 of Chapter 123 of the Statutes of 2022, is amended to read:94191.
The authority also shall have power:SEC. 27.
Section 94192 of the Education Code is amended to read:94192.
For the purpose of obtaining and securing loans under Section 94191, every participating privateSEC. 28.
Section 94193 of the Education Code is amended to read:94193.
Moneys of the authority received from any participating privateSEC. 29.
Section 94194 of the Education Code is amended to read:94194.
(a) Whenever the authority under Section 94190 undertakes to construct,SEC. 30.
Section 94195 of the Education Code is amended to read:94195.
Any pledge of moneys, earnings, income, or revenues authorized with respect to participating privateSEC. 31.
(a) For purposes of Sections 2 and 18 to 30, inclusive, of this act, the Legislature finds and declares all of the following:SEC. 32.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.