BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          AB 6 (Fuentes)
          
          Hearing Date: 08/25/2011        Amended: 04/12/2011
          Consultant: Jolie Onodera       Policy Vote: Human Services 4-0
          _________________________________________________________________
          ____
          BILL SUMMARY: AB 6 changes policies related to the 
          administration of the CalWORKs and CalFresh programs. 
          Specifically, this bill:
             1)   Requires counties to convert from a quarterly to a 
               semi-annual reporting (SAR) system for the CalWORKs and 
               CalFresh programs no later than January 1, 2013;
             2)   Eliminates the Statewide Fingerprint Imaging System 
               (SFIS) requirement for CalWORKs and CalFresh;
             3)   Creates a "Heat and Eat" program jointly with the 
               Department of Social Services (DSS) and the Department of 
               Community Services Development (CSD) by January 1, 2013.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2011-12      2012-13       2013-14     Fund
           Conversion to SAR*              
            Automation           $19,000 ($14,000 TANF/GF) 
          one-timeFed/TANF/GF
            Limited-term staffing$2,700 ($700 GF) over four years Fed/General
            CalWORKs grants      $0         ($375)      $12,900   TANF/GF
            CFAP grants          $0         $650        $2,000    General
            Potential admin savings**       $0          ($8,700)  
          ($33,100)General

          Elimination of SFIS - CalFresh  
            Automation           $1,600     $3,200      $3,200    TANF/GF
            CalFresh administration$1,600   $6,300      $6,000    General
            CFAP grants          $400       $1,500      $3,000    General 

          "Heat and Eat" Program 
            CSD programming      $500 to $1,000 one-time, $120 
          ongoingGeneral
            HEAP benefit         Unknown; up to $3,000 annually   Federal
            CalFresh admin                $0  $0                  
          $500General
            CFAP grants          $0       $1,200       $2,800     General








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          Increased CalFresh benefits     Potentially in excess of $775,000 
          annually      Federal

          Total annual cost                 $4,700      $26,900   
          $30,800TANF/GF
          Admin savings to fund SAR*        $0          ($8,700)  
          ($15,100)     TANF/GF
          Potential tax revenue  ($675)     ($7,100)    ($15,800) General
          
          *Conversion to SAR will preclude the State from incurring 
          one-time upfront costs to implement federal pure quarterly 
          reporting of $5 million and ongoing costs of $13 million General 
          Fund annually.
          **Savings may be taken in the Budget Act up to the amount 
          necessary to fund the net General Fund costs of the SAR 
          provisions. Additional savings in excess of this amount to be 
          based on data developed in consultation with the CWDA.
          _________________________________________________________________
          ____

          STAFF COMMENTS: SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
          This bill would require the DSS to replace the current quarterly 
          reporting system for the CalWORKs and CalFresh programs with a 
          semi-annual reporting system (SAR) to be operative July 1, 2012, 
          and to be implemented no later than January 1, 2013. 

          One-time automation costs of approximately $19 million ($14 
          million TANF/GF) will be required to implement the conversion to 
          SAR. In addition, DSS indicates limited-term staffing at a cost 
          of $2.7 million ($0.7 million GF) will be required to in order 
          to complete the work necessary. DSS notes, however, that even if 
          additional staff is secured upon enactment of the bill, the DSS 
          will likely be unable to meet the implementation timeframes 
          specified in the bill. 

          This bill provides for an income reporting threshold (IRT) for 
          CalWORKs recipients to be the lesser of the amount likely to 
          render the recipient ineligible for CalFresh or CalWORKs 
          benefits. As this IRT is nearly equivalent to the existing 
          CalWORKs exit limit (approximately $1,388 for a family unit of 
          three), recipients with increased income that remain below the 
          IRT could potentially receive a larger grant for an extended 
          period of time under SAR due to reporting every six months as 
          opposed to every three months as currently required under 
          quarterly reporting. Increased CalWORKs grant costs are 







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          estimated for cases that would otherwise have been ineligible 
          due to noncompliant reporting, excess unearned income, other 
          discontinuance factors, and delayed reporting of increased 
          earnings due to the extended reporting period under SAR. 
          Overall, these factors are estimated to result in increased 
          CalWORKs grant costs of nearly $9 million in 2012-13 and $44 
          million annually ongoing. Implementing a lower IRT would have 
          the effect of reducing the magnitude of the grant impact by 
          requiring recipients to report changes in income at a lower 
          threshold, thereby reducing the length of time on aid at a 
          higher grant level. The conversion to SAR will have a similar 
          effect on CalFresh and California Food Assistance Program (CFAP) 
          grants, and is estimated to result in increased CalFresh 
          benefits of $310 million and CFAP benefits of $2.7 million GF 
          annually.

          By reducing the reporting requirement from four periods to two 
          periods will result in a significant reduction in county 
          administrative workload. The estimated CalWORKs and CalFresh 
          administrative savings associated with the conversion from 
          quarterly reporting to SAR is $34.6 million ($22.5 million 
          TANF/GF) in 2012-13 and $70.5 million ($45.5 million TANF/GF) 
          annually thereafter. Staff notes this bill provides that no 
          savings determined by the DSS shall be assumed until actual 
          savings related to the change to SAR are realized based on data 
          developed in consultation with the CWDA. The bill requires the 
          DSS, in consultation with the CWDA, to report to the relevant 
          policy and fiscal committees of the Legislature in April 2013 
          regarding the effects upon the program efficiency of 
          implementation of SAR. The report is to be based on data 
          collected by CWDA and select counties, and the DSS and CWDA are 
          to determine the data collection needs required to assess the 
          effects of SAR. As a result, the amount and timing of savings to 
          be realized is unknown at this time.

          The USDA Food and Nutrition Service (FNS) approved DSS' waiver 
          request for six months through September 30, 2011, to continue 
          to administer CalFresh using a quarterly reporting/prospective 
          budgeting system. In the absence of a demonstrated commitment 
          towards simplified reporting, however, the State will be 
          required to convert to pure quarterly reporting for the CalFresh 
          program. DSS estimates that conversion to SAR will preclude the 
          State from incurring one-time upfront costs to implement federal 
          pure quarterly reporting of $5 million GF and ongoing 
          administrative costs of $13 million GF annually.







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          This bill eliminates the SFIS requirements for applicants and 
          recipients of the CalWORKs and CalFresh programs. One-time 
          decommissioning costs of $9 million ($5.6 million GF) will be 
          incurred to dismantle the finger imaging system statewide. 
          Subsequently, annual costs of $12 million ($7.4 million TANF/GF) 
          for operation of the system would no longer be incurred. 

          As a result of the elimination of SFIS effective January 2012, a 
          gradual increase in CalWORKs, CalFresh, and CFAP caseloads is 
          anticipated due to the absence of the deterrent effect on 
          potential duplicate aid fraud. Utilizing data from an analysis 
          of Los Angeles County's Automated Fingerprint Imaging system, 
          DSS estimates increased grant and administrative costs of $9.3 
          million in 2011-12, $60.7 million in 2012-13, and $74 million 
          TANF/GF annually ongoing across all programs. Further, based on 
          a 2007 Urban Institute Study on the effects of state policies 
          upon SNAP participation, the impact of biometric technology was 
          reported to deter SNAP participation between one and 4.3 percent 
          across various populations. Assuming a three percent increase in 
          the CalFresh caseload would result in increased federal benefits 
          of $195 million annually.

          This bill also creates a "Heat and Eat" program that requires 
          the DSS in conjunction with the CSD to design, implement, and 
          maintain a utility assistance initiative under which DSS would 
          be required to grant applicants and recipients of CalFresh 
          benefits a nominal Low-Income Home Energy Assistance Program 
          (LIHEAP) benefit. As the intent of the new program is to provide 
          this benefit to eligible CalFresh recipients, staff recommends 
          an amendment to delete or clarify the reference to applicants, 
          as inclusion of all applicants to CalFresh would greatly expand 
          the eligible population and program costs. 

          Providing a nominal LIHEAP benefit will allow households to 
          automatically claim the standard utility allowance (SUA) under 
          CalFresh/CFAP eligibility, potentially resulting in increased 
          benefits to those who do not already claim the SUA and/or 
          receive the maximum CalFresh benefit. To the extent there is 
          reduced workload associated with alleviating the need to verify 
          eligibility for the SUA, there could potentially be county 
          administrative savings associated with this proposal.

          The impact to Electronic Benefit Transfer (EBT) costs associated 
          with processing the LIHEAP benefit for existing cases that 







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          currently receive CalFresh is estimated to be absorbable. 
          However, the CSD has indicated it would incur significant costs 
          of up to $1 million GF in the first year of implementation to 
          create a new reporting infrastructure between CSD and DSS. The 
          LIHEAP benefit would be credited directly to the clients' EBT 
          cards, and DSS would be required to send CSD data on how many 
          recipients expended the LIHEAP benefit. CSD also indicates that 
          in the absence of a LIHEAP benefit amount specified in the bill, 
          the nominal benefit could increase significantly, potentially up 
          to $3 million from the LIHEAP grant in the first year, with 
          additional growth in future years. 

          Up to five percent of the federal LIHEAP grant may be withheld 
          for administration, however, CSD already meets this expenditure 
          threshold under its current administrative activities. As a 
          result, ongoing annual costs to CSD associated with maintenance 
          and operation of the system of $120,000 would be charged against 
          the General Fund. 

          Creation of the Heat and Eat program is estimated to result in a 
          $62 increase in CalFresh benefits for approximately 300,000 
          current households who may benefit from the SUA and are not 
          already receiving the maximum benefit. Additional households 
          will also become newly eligible for CalFresh as a result the 
          ability to claim the SUA. In total, increased CalFresh benefits 
          of $275 million annually ongoing are estimated as a result of 
          the implementation of this new program.

          The three major provisions of this bill would result in a 
          significant increase in CalFresh benefits, potentially in excess 
          of $775 million annually to the State. Additional federal 
          CalFresh benefits received will likely result in increased sales 
          tax revenue, resulting in an economic benefit potentially in 
          excess of $17 million annually.

          To the extent the provisions of this bill result in additional 
          families accessing CalFresh benefits could also have the effect 
          of additional federal Promoting Safe and Stable Families (PSSF) 
          grant funds to the state for child welfare services program 
          efforts to promote stability and permanency for at-risk children 
          within families. As funding is based on the number of children 
          receiving SNAP benefits as a proportion of the nationwide total, 
          increased participation in CalFresh could result in an increase 
          over the $34.5 million in federal PSSF grant funds currently 
          received.







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          Prior Legislation. Several bills establishing semiannual 
          reporting and elimination of the finger imaging requirement have 
          been proposed in the past. AB 1642 (Beall) 2010 and AB 1057 
          (Beall) 2009 were both held in the Assembly Committee on 
          Appropriations. AB 2844 (Laird) 2008 and AB 1382 (Leno) 2007 
          were both vetoed by the Governor with the following messages:

          I am returning Assembly Bill 2844 without my signature. This 
          bill would require significant state General Fund expenditures 
          when our state's fiscal situation remains uncertain. Due to the 
          immediate cost of implementing the provisions of this bill and 
          our budget crisis, I am unable to support this bill.

          I am returning Assembly Bill 1382 without my signature, as it 
          provides an opportunity for increased fraud and abuse without 
          guaranteeing increased participation in the program as intended 
          by the legislation.

          While I support efforts to increase participation in the food 
          stamp program, including offering foods stamps to families 
          leaving welfare to work and improving outreach and simplifying 
          the application process, I cannot support this bill. The 
          Statewide Fingerprint Imaging System (SFIS) prevents fraud by 
          discouraging applicants from illegally obtaining duplicate 
          benefits. Our first responsibility to taxpayers is to take 
          necessary steps to prevent fraud and abuse in public programs, 
          which is why I cannot support this bills elimination of the 
          SFIS. For these reasons, I am returning AB 1382 without my 
          signature.

          


          The author's proposed amendments would do the following:

                 Retain fingerprint imaging for the CalWORKs program, 
               thereby removing potential increased CalWORKs grant costs 
               of up to $65 million annually;
                 Lower the income reporting threshold under SAR to 55 
               percent of the federal poverty level for a family of three, 
               thereby substantially reducing increased ongoing CalWORKs 
               grant costs;
                 Specify that administrative savings that may be 
               reflected in the budget due to the implementation of SAR 







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               shall not exceed the amount necessary to fund the net 
               General Fund costs of the SAR provisions of the bill. 
               Possible additional savings in excess of this amount may 
               only be reflected to the extent that they are based on 
               actual savings related to the change to SAR calculated 
               based on data developed in consultation with CWDA;
                 Remove the provision of the bill allowing counties to 
               implement SAR on a staggered basis, and would extend the 
               operative date to April 1, 2013, with full implementation 
               no later than October 1, 2013; and,
                 Make various technical changes.

          The substantial amendments will result in net costs of 
          approximately $4 million General Fund in 2011-12. Due to the 
          delayed implementation of SAR, a reduced level of administrative 
          savings and economic benefit from the receipt of federal 
          CalFresh benefits will be realized in the second year, resulting 
          in a net cost of approximately $11 million 2012-13. As all 
          counties convert to SAR in 2013-14, additional administrative 
          savings and sales tax revenues will be realized to offset the 
          $30.8 million in General Fund costs.

          Once fully implemented statewide, ongoing costs of $35.8 million 
          would be offset by $20.1 million in SAR administrative savings 
          and increased tax revenues of $17.5 million (assuming receipt of 
          federal benefits in excess of $775 million per year).