Section § 95500

Explanation

This law establishes the California Savings and Asset Project, which is a program designed to help individuals save and develop assets. The program will be managed by the Employment Development Department.

An individual development account program, to be known as the California Savings and Asset Project, is hereby established. The program shall be administered by the Employment Development Department.

Section § 95501

Explanation

This law will take effect when either the California Legislature assigns funds or the Governor allocates existing funds for creating the California Savings and Asset Project. It can only be put into action if the necessary funding is provided through the annual Budget Act or future legislative actions.

This title shall become operative upon an appropriation of funds by the Legislature, or the allocation of existing discretionary funds by the Governor pursuant to Section 128(a) of the Workforce Investment Act of 1998 (29 U.S.C. Sec. 2853(a)), for the specific stated purpose of establishing the California Savings and Asset Project. This title shall be implemented to the extent that funding is appropriated in the annual Budget Act or any future act by the Legislature, or allocated by the Governor.

Section § 95502

Explanation

This law section defines key terms related to community development financial activities in California. It explains what qualifies as a community development credit union and a community development financial institution. The law also identifies the Employment Development Department and specifies what constitutes an Indian tribe for these purposes. It defines an individual development account as a savings account aimed at specific financial goals. The role of a nonprofit facilitator and participant in the California Savings and Asset Project is clarified. Additionally, the terms related to business capitalization, such as qualified business expenditures and qualified plans, are detailed. Finally, service providers are identified as entities involved in the project, including nonprofits and certain financial institutions.

For purposes of this title, the following definitions apply:
(a)CA Government Code § 95502(a) “Community development credit union” means any credit union chartered under federal or state law.
(b)CA Government Code § 95502(b) “Community development financial institution” means any community development financial institution certified by the Community Development Financial Institution Fund.
(c)CA Government Code § 95502(c) “Department” means the Employment Development Department.
(d)CA Government Code § 95502(d) “Indian tribe” means any Indian tribe, as defined in Section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. Sec. 4103(12)), and includes any tribal subsidiary, subdivision, or other wholly owned tribal entity.
(e)CA Government Code § 95502(e) “Individual development account” means a matched savings account held in a financial institution, created or organized for an individual as part of an individual development account program earmarked for specific asset-building purposes.
(f)CA Government Code § 95502(f) “Nonprofit facilitator” means the nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code that contracts with the department for the project.
(g)CA Government Code § 95502(g) “Participant” means any individual who has contracted with a service provider to participate in the California Savings and Asset Project.
(h)CA Government Code § 95502(h) “Project” means the California Savings and Asset Project.
(i)CA Government Code § 95502(i) “Qualified business capitalization” means qualified business expenditures for the capitalization of a qualified business pursuant to a qualified plan.
(j)CA Government Code § 95502(j) “Qualified business expenditures” means expenditures included in a qualified plan, including capital, plant, equipment, working capital, and inventory expenses.
(k)CA Government Code § 95502(k) “Qualified plan” means a business plan or a plan to use a business asset purchase that is approved by a financial institution, a business development training or technical assistance organization, or a nonprofit loan fund having demonstrated fiduciary integrity; contains a description of services, or goods to be sold, a marketing plan, and a projected financial statement; and requires the eligible individual to obtain the assistance of an experienced entrepreneurial adviser to review the plan for quality and completeness.
(l)CA Government Code § 95502(l) “Service providers” means entities that contract with the nonprofit facilitator, and that are nonprofit organizations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, community development credit unions, community development financial institutions, or Indian tribes that are eligible to receive funds appropriated or allocated for the project.

Section § 95503

Explanation

This regulation establishes procedures for selecting and funding a nonprofit to oversee a specific project. Interested organizations must submit detailed proposals that describe their planning process, business plan, marketing strategy, financial management, and audit plans. The proposals are assessed by a review committee for their compliance and quality. The chosen nonprofit will manage the project and receive funding up to 10% of the annual budget. The department reports annually to the Legislature, detailing participant numbers, account savings, and program successes.

(a)CA Government Code § 95503(a) The department shall issue by July 1, 2003, a request for proposals to entities that may apply to become the nonprofit facilitator of the project. Applications shall include, but need not be limited to, all of the following components:
(1)CA Government Code § 95503(a)(1) A description of the organization submitting the proposal.
(2)CA Government Code § 95503(a)(2) A description of the planning process used to design the project.
(3)CA Government Code § 95503(a)(3) A business plan, including a market assessment, to be developed and used during the planning process, describing a target group or target area and the needs to be served, and cultural considerations.
(4)CA Government Code § 95503(a)(4) A marketing plan, including a description of the outreach and recruitment of participants for the project that uses information developed in the planning and market assessments.
(5)CA Government Code § 95503(a)(5) A description of project operations, including a description of the fiscal management plan, staffing pattern, arrangements with financial institutions, data management plan, and partnerships with other organizations.
(6)CA Government Code § 95503(a)(6) A description of the accounting methods to be used and evidence that the entity has the capacity to monitor pooled matching funds and project funding.
(7)CA Government Code § 95503(a)(7) A financial projection, including a proposed budget and fund development strategies.
(8)CA Government Code § 95503(a)(8) An annual audit.
(9)CA Government Code § 95503(a)(9) A description of primary project policies and procedures.
(10)CA Government Code § 95503(a)(10) A description and plan for delivery of personal financial management training and asset-specific training.
(b)CA Government Code § 95503(b) The department shall, with the cooperation of the nonprofit facilitator, submit an annual report to the Legislature on the first day of January, commencing in 2004. The report shall include, but is not limited to, all of the following:
(1)CA Government Code § 95503(b)(1) The number of enrolled participants.
(2)CA Government Code § 95503(b)(2) The number of individual development accounts established.
(3)CA Government Code § 95503(b)(3) The aggregate savings achievements.
(4)CA Government Code § 95503(b)(4) The number of participants who have completed the program.
(5)CA Government Code § 95503(b)(5) The number of participants who have completed financial education.
(6)CA Government Code § 95503(b)(6) A minimum of two participant profiles.
(7)CA Government Code § 95503(b)(7) A financial report, including the use of state funds, other leveraged funds, and the status of other committed funds.
(8)CA Government Code § 95503(b)(8) A summary of program achievements and obstacles.
(9)CA Government Code § 95503(b)(9) Program and fiscal projections for the next year.
(c)Copy CA Government Code § 95503(c)
(1)Copy CA Government Code § 95503(c)(1) The department shall assemble a review committee to read and score proposals by interested nonprofit facilitators in response to the request for proposals. The review committee shall include a staff member from the department and other experienced individual development account practitioners from diverse communities.
(2)CA Government Code § 95503(c)(2) The review committee shall score the proposals according to the components required in Section 95504, as well as best practice standards agreed upon by the asset-building field and a demonstrated capacity to conduct statewide activities and subcontract with service providers around the state.
(d)CA Government Code § 95503(d) The department shall select a nonprofit facilitator to participate in the project based on the proposals submitted and scored pursuant to this section.
(e)CA Government Code § 95503(e) The department shall allocate funding to the nonprofit facilitator for the project, subject to the requirements and limitations of the funding source.
(f)CA Government Code § 95503(f) The department shall annually pay the nonprofit facilitator up to 10 percent of the project’s total annual allocation for the purpose described in Section 95504, and may reserve up to 5 percent of the project’s total annual allocation for its own administrative purposes.

Section § 95504

Explanation

This statute outlines the responsibilities of nonprofit facilitators and service providers in implementing a statewide project. The nonprofit facilitator must choose diverse service providers and consider those with local public agency partnerships. The service providers are tasked with selecting participants who meet specific criteria, such as age, income level, and tax dependency status, and who do not owe child support. They must also establish individual development accounts for participants and manage matching funds from various sources. Participants are required to sign contracts, receive financial education, and adhere to program policies. Service providers have to create a system for dismissing non-compliant participants and maintain detailed records to report on program progress, including participant demographics, savings amounts, and program budget.

In summary, the law is about organizing and managing a financial education and savings program for certain eligible individuals, ensuring accountability, and reporting on its outcomes.

(a)CA Government Code § 95504(a) The nonprofit facilitator shall subcontract with service providers to implement the project around the state. The nonprofit facilitator shall make an attempt to select service providers for programs of different size, geographical distribution, and target population to be served. Additionally, the nonprofit facilitator may consider giving special consideration to service providers that demonstrate partnerships with local public agencies.
(b)CA Government Code § 95504(b) The service providers shall perform all of the following duties in implementing the project:
(1)CA Government Code § 95504(b)(1) Recruit and select participants who meet the following criteria:
(A)CA Government Code § 95504(b)(1)(A) The individual is at least 18 years of age.
(B)CA Government Code § 95504(b)(1)(B) The individual is a member of a household with an income of not more than 80 percent of the area median income based on United States Department of Housing and Urban Development guidelines at the time of program enrollment.
(C)CA Government Code § 95504(b)(1)(C) The individual is not a dependent of another person for federal income tax purposes.
(D)CA Government Code § 95504(b)(1)(D) The individual is not a debtor for a judgment resulting from nonpayment of a court-ordered child support obligation.
(E)CA Government Code § 95504(b)(1)(E) The individual meets eligibility criteria as defined by the funding source for the program created under this title.
(2)CA Government Code § 95504(b)(2) Develop and sign contracts with each participant, to include all program requirements and policies governing the participant’s account.
(3)CA Government Code § 95504(b)(3) Assist participants in opening individual development accounts. CalWORKs recipients participating in the project may consider using a restricted account as described in Section 11155.2 of the Welfare and Institutions Code. Otherwise, the accounts shall be established using a parallel account structure that meets both of the following requirements:
(A)CA Government Code § 95504(b)(3)(A) One separate account shall be established for each participant in a federally or state insured financial institution, community development financial institution, any financial institution eligible to hold an individual retirement account, or community development credit union, in which each participant’s savings are deposited and maintained. The program participant may withdraw his or her own savings at any time.
(B)CA Government Code § 95504(b)(3)(B) Another separate, parallel account shall be established and maintained by service providers in which the matching funds from state, federal, and private donations are kept. The parallel account may contain all matching funds for a pool of any service provider’s participants.
(4)CA Government Code § 95504(b)(4) Help individuals receive their matching funds at the conclusion of the program.
(5)CA Government Code § 95504(b)(5) Provide participants with a minimum of 12 hours of financial education and training. The education and training shall include, but need not be limited to, all of the following:
(A)CA Government Code § 95504(b)(5)(A) Household and personal budget management.
(B)CA Government Code § 95504(b)(5)(B) Economic literacy.
(C)CA Government Code § 95504(b)(5)(C) Credit repair.
(6)CA Government Code § 95504(b)(6) Develop a program dismissal process for participants who do not fulfill program participation requirements, and seek to ensure that matching funds are used for their intended purposes.
(7)CA Government Code § 95504(b)(7) Collect and maintain information about their programs, in a manner that provides the capacity to report semiannually all of the following information to the department:
(A)CA Government Code § 95504(b)(7)(A) The number and demographic characteristics of participants enrolled in the program.
(B)CA Government Code § 95504(b)(7)(B) The number of accounts established.
(C)CA Government Code § 95504(b)(7)(C) The individual and aggregate savings level of participants.
(D)CA Government Code § 95504(b)(7)(D) The number of participants who closed accounts and the amount of associated savings.
(E)CA Government Code § 95504(b)(7)(E) The actual and proposed program budget.
(F)CA Government Code § 95504(b)(7)(F) The size and origin of matching pool funds received, obligated, and paid to participants.
(G)CA Government Code § 95504(b)(7)(G) The program achievements and obstacles.
(H)CA Government Code § 95504(b)(7)(H) Twelve-month program and financial projections.
(I)CA Government Code § 95504(b)(7)(I) At least one participant profile.

Section § 95505

Explanation

This law outlines the requirements for service providers before they can receive state funds. They must secure matching funds from non-state sources and recruit participants meeting specific criteria such as being over 18, having a household income below 80% of the area median, and not having certain financial obligations like unpaid child support. Providers need to establish separate accounts for participants' savings and the matching funds and help participants access these funds at the program's end. Participants must receive at least 12 hours of financial education covering budgeting, economic literacy, and credit repair. Providers must also report various details about the program and participants semiannually and have a process for dismissing participants who don't meet requirements. Lastly, participants can save up to $3,000 in their development accounts over the program's duration.

(a)CA Government Code § 95505(a) Prior to receiving funds under this title, each service provider shall, within six months of being selected to act as a service provider, provide written documentation to the department that it has secured matching funds from nonstate sources to match each state dollar provided under this title.
(b)CA Government Code § 95505(b) Service providers shall recruit and select participants who meet the following criteria:
(1)CA Government Code § 95505(b)(1) The individual is at least 18 years of age.
(2)CA Government Code § 95505(b)(2) The individual is a member of a household with an income of not more than 80 percent of the area median income based on United States Department of Housing and Urban Development guidelines at the time of program enrollment.
(3)CA Government Code § 95505(b)(3) The individual is not a dependent or another person for federal income tax purposes.
(4)CA Government Code § 95505(b)(4) The individual is not a debtor for a judgment resulting from nonpayment of a court-ordered child support obligation.
(c)CA Government Code § 95505(c) Service providers shall develop and sign contracts with each participant, to include all program requirements and policies governing the participant’s account.
(d)CA Government Code § 95505(d) Service providers shall assist participants in opening individual development accounts. The accounts shall be established using a parallel account structure that meets both of the following requirements:
(1)CA Government Code § 95505(d)(1) One separate account is established for each participant in a federally or state insured financial institution, community development financial institution, any financial institution eligible to hold an individual retirement account, or community development credit union, in which each participant’s savings are deposited and maintained. The program participant may withdraw his or her own savings at any time.
(2)CA Government Code § 95505(d)(2) Another separate, parallel account is established and maintained by service providers in which the matching funds from state, federal, and private donations are kept. The parallel account may contain all matching funds for a pool of any service provider’s participants.
(e)CA Government Code § 95505(e) Service providers shall help individuals receive their matching funds at the conclusion of the program. All state matching funds shall be paid directly to the vendor as specified by the program participant.
(f)CA Government Code § 95505(f) Service providers shall provide participants with a minimum of 12 hours of financial education and training. The education and training shall include, but is not limited to, all of the following:
(1)CA Government Code § 95505(f)(1) Household and personal budget management.
(2)CA Government Code § 95505(f)(2) Economic literacy.
(3)CA Government Code § 95505(f)(3) Credit repair.
(g)CA Government Code § 95505(g) Service providers shall develop a program dismissal process for participants who do not fulfill program participation requirements, and seek to ensure that matching funds are used for their intended purposes.
(h)CA Government Code § 95505(h) Service providers shall collect and maintain information about their programs, and participants shall do so in a manner that provides the capacity to report all of the following information, semiannually, to the department:
(1)CA Government Code § 95505(h)(1) The number and demographic characteristics of participants enrolled in the program.
(2)CA Government Code § 95505(h)(2) The number of accounts established.
(3)CA Government Code § 95505(h)(3) The individual and aggregate savings level of participants.
(4)CA Government Code § 95505(h)(4) The number of participants who closed accounts and the amount of associated savings.
(5)CA Government Code § 95505(h)(5) The actual and proposed program budget.
(6)CA Government Code § 95505(h)(6) The size and origin of matching pool funds received, obligated, and paid to participants.
(7)CA Government Code § 95505(h)(7) The program achievements and obstacles.
(8)CA Government Code § 95505(h)(8) Twelve-month program and financial projections.
(9)CA Government Code § 95505(h)(9) At least one participant profile, and state maintenance of effort requirements.
(i)CA Government Code § 95505(i) Each participant may save up to a maximum of three thousand dollars ($3,000) in total, over the life of his or her individual development account.

Section § 95506

Explanation

People chosen for this project must sign a contract with their service provider and regularly deposit money into their individual development account (IDA). They can use different income sources, like earned income, tax refunds, or disability benefits, to fund these accounts.

They have to choose goals for their savings, such as paying for higher education, buying a home, making major home repairs, or purchasing a vehicle for work or studies. The savings can also go towards starting a business or buying assistive technology for disabled participants.

Participants need to communicate with their service provider, attend at least 12 hours of related training, and keep their savings in the account for at least six months.

Individuals selected to participate in the project shall do all of the following:
(a)CA Government Code § 95506(a) Contract with his or her service provider.
(b)CA Government Code § 95506(b) Regularly deposit funds into the individual development account. Participants may contribute to the individual development account using resources generated from the following sources:
(1)CA Government Code § 95506(b)(1) Earned income.
(2)CA Government Code § 95506(b)(2) Federal Earned Income Tax Credit refunds.
(3)CA Government Code § 95506(b)(3) Disability benefits.
(4)CA Government Code § 95506(b)(4) Child support payments.
(5)CA Government Code § 95506(b)(5) AmeriCorps stipends.
(6)CA Government Code § 95506(b)(6) Wages earned through self-employment.
(7)CA Government Code § 95506(b)(7) Job training program stipends.
(c)CA Government Code § 95506(c) Select purchase goals for which the savings will be used. Participants may use savings generated by individual development accounts for any of the following purposes:
(1)CA Government Code § 95506(c)(1) Postsecondary and vocational education expenses, including tuition, fees, books, supplies, and equipment.
(2)CA Government Code § 95506(c)(2) Home purchase costs with respect to a principal residence.
(3)CA Government Code § 95506(c)(3) Major home repair.
(4)CA Government Code § 95506(c)(4) Assistive technology equipment or services for disabled participants when used to access employment, education, or training.
(5)CA Government Code § 95506(c)(5) Purchase of a vehicle to be used for employment, education, or training purposes.
(6)CA Government Code § 95506(c)(6) Qualified business capitalization.
(d)CA Government Code § 95506(d) Communicate regularly with the service provider regarding the account.
(e)CA Government Code § 95506(e) Participate in a minimum of 12 hours of training and education provided by the service provider.
(f)CA Government Code § 95506(f) Maintain savings in the individual development account for a minimum of six months from the time the account was established.

Section § 95507

Explanation

This law explains that if you earn interest on money in an individual development account, you have to report that interest as taxable income when it is earned. However, if you receive matching funds for your account, those funds are considered a gift and are not taxed as income.

Pursuant to Internal Revenue Service Ruling 99-44, interest earned on funds deposited in the individual development account by the participant is taxable to the participant in the year it is earned, and funds matched to an individual development account are considered a gift at the time they are paid and, therefore, are not considered taxable income to the participant.

Section § 95508

Explanation

This law states that a bank or financial institution that holds an individual development account doesn't have any extra duties or responsibilities compared to regular savings accounts. The bank also isn't responsible for enforcing any restrictions on withdrawals that may be set in the contract between the account holder and the service provider.

The financial institution in which an individual development account is established shall:
(a)CA Government Code § 95508(a) Have no greater duties or responsibilities as to an individual development account than it has to any other savings account.
(b)CA Government Code § 95508(b) Have no duty or responsibility to any withdrawal restriction established in the contract between the participant and the service provider.