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 AB 6 (Fuentes) Page 1 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 AB 6 (Fuentes) Page 2 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. AB 6 (Fuentes) Page 3 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 AB 6 (Fuentes) Page 4 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. AB 6 (Fuentes) Page 5 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 AB 6 (Fuentes) Page 6 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).