Amended  IN  Assembly  April 21, 2022
Amended  IN  Assembly  March 30, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2093

Introduced by Assembly Member Mathis
(Coauthors: Assembly Members Flora and Lackey)

February 14, 2022

An act to add Section 69519.5 to the Education Code, relating to first responders.


LEGISLATIVE COUNSEL'S DIGEST


AB 2093, as amended, Mathis. First responders: loan forgiveness program.
Existing law establishes the Student Aid Commission as the primary state agency for the administration of state-authorized student financial aid programs available to students attending all segments of postsecondary education.
This bill would require the commission to, upon appropriation by the Legislature, establish an educational loan repayment program for first responders serving in disadvantaged communities, as specified. The bill would require applicants for the program to be active first responders within the state who have served for a minimum of 5 years within a disadvantaged community. The bill would require an applicant to provide proof of full-time employment and for the applicant’s supervisor, manager, or business owner to attest, under penalty of perjury, that the applicant is in good standing with the respective agency for which they serve. By expanding the crime of perjury, this bill would create a state-mandated local program. The bill would create the Disadvantaged Communities Account for First Responders Fund, and authorize the commission to accept donations for the purposes of the program and deposit them in the fund. The bill would require the commission to monitor the program for fraud and to annually report to the Legislature on the program, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 69519.5 is added to the Education Code, to read:

69519.5.
 (a) The Student Aid Commission shall, upon appropriation by the Legislature for this purpose, establish an educational loan repayment program for first responders serving in disadvantaged communities.
(b) The commission shall develop guidelines and materials for the implementation of this program. All guidelines and materials shall be posted to the commission’s internet website.
(c) The commission shall award each applicant who qualifies for educational loan forgiveness an amount that does not exceed reasonable educational loan amounts, as determined by the commission, not to exceed fifty thousand dollars ($50,000).
(d) Applicants shall be active first responders within the state who have served for a minimum of five years within a disadvantaged community. An applicant shall provide proof of full-time employment when submitting an application to the commission for loan forgiveness. In addition, the applicant’s supervisor, manager, or business owner shall attest, under penalty of perjury, that the applicant is in good standing with the respective agency for which they serve.
(e) There is hereby created the Disadvantaged Communities Account for First Responders Fund. The commission may accept donations for the purposes of the program established pursuant to this section, and deposit those donations in the fund. Moneys in the fund shall be available upon appropriation by the Legislature for purposes of this section.
(f) The commission shall monitor the program for fraud. If the commission determines that an applicant is applying for the program using fraudulent materials, the commission may deny the applicant and pursue legal recourse. If the commission has awarded loan repayment in error or due to fraudulent materials, the commission may pursue legal action to recover the funds and deposit them in the Disadvantaged Communities Account for First Responders Fund.
(g) (1) The commission shall report to the Legislature annually, on or before January 1 of each year, the number of awardees who qualified for the funding, the amount of funds in the Disadvantaged Communities Account for First Responders Fund, and estimates on the amount needed to sustain the program, as well as promote its growth. Additionally, the commission may provide recommendations for the improvement of the program so long as it furthers the intent of the program.
(2) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795. 9795 of the Government Code.
(h) The commission shall use no more than 5 percent of funds appropriated for the purposes of this section for the administration of the program.
(i) For the purposes of this section, the following terms have the following meanings:
(1) “Disadvantaged communities” means communities identified as disadvantaged communities pursuant to Section 79505.5 of the Water Code.
(2) “First responder” means a state or local peace officer, paramedic, emergency medical technician, rescue service personnel, emergency manager, or firefighter. has the same definition as in Section 8562 of the Government Code.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.