BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 134
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          Date of Hearing:   July 2, 2013

                        ASSEMBLY COMMITTEE ON HUMAN SERVICES
                                  Mark Stone, Chair
                      SB 134 (Hueso) - As Amended:  May 28, 2013

           SENATE VOTE :  39-0
           
          SUBJECT  :  CalFresh eligibility

           SUMMARY  :  Waives CalFresh employment and training program  
          participation requirements for veterans who have been honorably  
          discharged from the United States Armed Forces.

          Specifically,  this bill  :   

          1)States the Legislature's intent to limit barriers to food  
            assistance for low-income veterans and their families and to  
            increase referrals to veteran-oriented job training programs.   
            Further states the Legislature's intent to work with the  
            federal government to remove barriers to food assistance for  
            military families.

          2)Exempts a military veteran who has been honorably discharged  
            from the United States Armed Forces from mandatory placement  
            in the CalFresh Employment and Training (CalFresh E&T) program  
            in a county participating in the program.

          3)Requires counties to provide referrals to local veterans'  
            assistance and job training agencies for veterans applying for  
            CalFresh benefits that are required to register to work but  
            are exempt from mandatory placement in the CalFresh E&T  
            program, and requires the counties to provide such veterans  
            with an opportunity to voluntarily participate in the CalFresh  
            E&T program.

           EXISTING LAW  

          1)Establishes, under federal law, the Supplemental Nutrition  
            Assistance Program (SNAP) pursuant to the Food Stamp Act of  
            1964 and establishes, in California statute, the CalFresh  
            program to administer the provision of federal SNAP benefits  
            to families and individuals meeting specified criteria. (WIC  
            18900 et seq.) 









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          2)Establishes, under federal law, eligibility requirements for  
            receipt of SNAP benefits, including income that is at or below  
            130% of the federal poverty level and is determined to be a  
            substantial limiting factor in permitting a recipient to  
            obtain a more nutritious diet, as specified. (7 CFR 273.9) 


          3)Establishes in California the CalFresh Employment and Training  
            (CalFresh E&T) program, authorized by federal law, with the  
            purpose of assisting members of CalFresh households in gaining  
            skills, training, work, or experience that will increase their  
            ability to obtain regular employment. (WIC 18926.5)


          4)Requires a county that elects to participate in the CalFresh  
            E&T program to demonstrate in its CalFresh E&T plan how it is  
            using funds for, at least, the following:


             a)   Self-initiated workfare;


             b)   Work experience or training;


             c)   Education;


             d)   Job search; and


             e)   The support services or client reimbursements necessary  
               to facilitate participation in the aforementioned  
               employment and training activities.  (WIC 18926.5(c))


          1)Exempts an individual who resides in a federally determined  
            labor surplus area or who meets other criteria, as specified,  
            from mandatory participation in the CalFresh E&T program and  
            allows an exempted individual to voluntarily participate in  
            the program.  (WIC 18926.5(b)) 


          2)Requires the Department of Veterans Affairs to publicize  
            information pertaining to benefit programs that are available  








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            to qualified homeless veterans, including the CalFresh  
            program.  (MVC 711)  


           3)Authorizes county boards of supervisors to grant financial  
            assistance, relief, and support to indigent veterans through  
            military, naval or marine organizations created for the  
            purpose of aiding veterans, as specified.  (MVC 921)


           FISCAL EFFECT  :  According to the Senate Appropriations Committee  
          May 23, 2013 analysis of this bill, counties would experience  
          ongoing, non-reimbursable administrative costs to screen all  
          CalFresh applicants for veteran status and provide referrals to  
          local veterans' assistance and job training agencies.  
          Additionally, the Senate Appropriations Committee indicates this  
          bill has the potential to substantially increase CalFresh  
          benefits (Federal) and administration costs (Federal/GF/County)  
          due to the exemption from mandatory placement in CalFresh E&T  
          for honorably discharged veterans.  The analysis indicates an  
          $8.9 million (Federal) increase in CalFresh benefits, a $0.8  
          million ($0.4 million General Fund) increase in program  
          administration, and an economic benefit of $150,000 (General  
          Fund) for every 5,000 persons who would otherwise have been  
          sanctioned for six months if not for the exemption.

           COMMENTS  :  CalFresh benefits, which are funded entirely by the  
          federal government through the Supplemental Nutrition Assistance  
          Program (SNAP), are made available on a monthly basis for food  
          purchase through an ATM-like electronic benefits transfer (EBT)  
          card.  The United States Department of Agriculture (USDA) sets  
          specific eligibility requirements for SNAP programs across the  
          United States, including a gross and net income asset test, work  
          requirements, and other documentation requirements.  The maximum  
          allowable gross income for receipt of benefits is 130% of the  
          Federal Poverty Level (FPL), and net income cannot exceed 100%  
          of the FPL.  Additionally, resources, such as cash on hand,  
          generally cannot exceed $2,000, or $3,250 for households in  
          which there is a household member who has a disability or is 60  
          years of age or older.  CalFresh is administered locally by  
          county welfare departments, and the federal, state, and county  
          governments share in the cost of administration of the program.   
          Based on March 2013 data from the Department of Social Services,  
          the average monthly CalFresh benefit per household is $336 ($154  
          per person), benefitting around 1.9 million households in  








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          California.

           CalFresh Employment & Training (CalFresh E&T) programs  :   
          California's CalFresh E&T programs were established in response  
          to a federal requirement that states establish employment and  
          training programs for SNAP benefits recipients.  These programs  
          provide job search, job training and work experience  
          opportunities, as well as supportive services, for eligible  
          "Non-Assistance" CalFresh recipients, meaning they do not  
          receive aid under the California Work Opportunity and  
          Responsibility to Kids (CalWORKs) program.  Funding for CalFresh  
          E&T programs comes from an annual 100% federal grant to the  
          state.  The grant dollars are allocated to the counties based on  
          each county's average monthly CalFresh caseload, and counties  
          can receive an additional 50% federal match for any county funds  
          that are spent on administration of their respective E&T  
          programs.  Currently 26 counties throughout the state, including  
          Los Angeles, San Diego, Orange and Alameda, have CalFresh E&T  
          programs in place.  

          CalFresh recipients are exempt from federal SNAP work  
          requirements if they meet certain criteria, including recipients  
          who are under age 16 or over age 59; physically or mentally  
          unfit for employment; subject to and complying with CalWORKs  
          work requirements; enrolled in school least half time; caring  
          for a child under 6 or a disabled child or adult; or receiving  
          unemployment insurance benefits (7 CFR 273.7).  Whereas  
          exemptions from mandatory participation in CalFresh E&T programs  
          were originally establish to mirror federal SNAP work  
          participation exemptions, SB 43 (Liu), Chapter 507, Statutes of  
          2011, expanded the statewide CalFresh E&T exemption categories.   
          The criteria for exemption that were added through  
          implementation of the 2011 legislation came from the federal  
          work exemption criteria applied for time limits on SNAP benefits  
          for able-bodied adults without dependents (ABAWDs), and included  
          recipients who are under age 18 or over age 50; the parent of,  
          or residing in a household with, an individual under 18 years of  
          age; or pregnant (7 CFR 273.24).

          Another provision included in SB 43 (Liu) that was driven by  
          California's particularly high unemployment rate was an  
          exemption from mandatory CalFresh E&T program participation for  
          recipients residing in counties that are federally-determined  
          labor surplus areas.  Currently, most counties in California are  
          considered labor surplus areas, as they have experienced an  








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          unemployment rate that has been at least 20% higher than the  
          national average for all states during the past 24 months.   
          According to the Department of Social Services, the counties  
          that are not considered labor surplus areas have chosen to allow  
          participation in their CalFresh E&T programs to be voluntary.   
          Therefore, in the 26 counties with CalFresh E&T programs,  
          CalFresh recipients can volunteer to participate but are not  
          mandated to participate in the programs as a condition of  
          receipt of benefits.  However, as California's economy improves  
          and the unemployment rate decreases, more counties will be able  
          to require mandatory participation in their respective CalFresh  
          E&T programs for recipients who don't otherwise meet the  
          criteria for exemption from the mandate.  

           Veterans in California  :  According to December 2012 estimates  
          from the California Department of Veterans Affairs (CalVet),  
          California is home to nearly 2 million veterans; 8.3% of the  
          national veterans population, which is just over 22.3 million.   
          The state's veteran population is comprised of 90% men and 10%  
          women.  CalVet data shows that while the overall population of  
          veterans in California whose service ended during, or prior to,  
          the Vietnam era is estimated to continue to decline over time,  
          tens of thousands of veterans return to California from more  
          recent wars each year.  

          Men and women veterans returning to California face a number of  
          barriers to employment, including mental health challenges and  
          other difficulties transitioning back into civilian life.   
          CalVet estimates that of the nearly two million veterans living  
          in California, roughly 19,000 are homeless.  Additionally,  
          according to a CalVet housing fact sheet, whereas homelessness  
          for Vietnam veterans was expected to occur within 13 years of  
          returning home, veterans from more recent wars are experiencing  
          homelessness or near-homelessness within three years of their  
          transition from active duty status.

           Need for the bill  :  This bill adds military veterans who are  
          honorably discharged to the list of individuals exempted from  
          mandatory participation in CalFresh E&T programs, and would  
          prohibit counties from mandating participation as a condition of  
          receiving necessary food assistance.  As California's economic  
          outlook improves and more counties become able to require  
          mandatory work participation for CalFresh recipients, this bill  
          will ensure that military servicemen and women are able to  
          volunteer in CalFresh E&T programs and are referred to more  








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          appropriate services to help them transition back to civilian  
          life and more expeditiously and effectively engage in the  
          civilian workforce.

          According to the author, "Many veterans in California confront  
          hunger on a daily basis.  Approximately 1.5 million veterans  
          lived in households that received SNAP benefits in 2011, and a  
          2012 review found that more than $100 million worth of SNAP  
          benefits had been redeemed at military commissaries.  Given the  
          need SNAP fills for our low-income veterans and their families,  
          it is important to recognize and eliminate administrative  
          barriers that limit access to healthy food?Veterans often  
          struggle when adjusting to separation from the service as they  
          transition to the civilian job-market, leading to delays and  
          difficulties in finding and maintaining steady employment. This  
          can be compounded by employer perceptions that disabilities can  
          hinder their ability to perform work?SB 134 allows veterans to  
          participate in E&T programs on a voluntary basis while banning  
          counties from requiring their participation as a condition of  
          receiving CalFresh benefits."

           PROPOSED AMENDMENTS
           This bill includes a requirement for veterans who are registered  
          to work but exempt from mandatory participation in a county's  
          CalFresh E&T program to be provided referrals to veterans'  
          assistance and job training agencies.  Because there is  
          currently no requirement for counties to have such agencies in  
          place, many counties will not be able to meet the requirement.   
          County Veterans Service Offices (CVSOs) are locally-funded  
          agencies established throughout the state to provide advocacy  
          and claims work for veterans.  CVSOs are familiar with the  
          special needs of returning veterans, and are often able to offer  
          meaningful support to the veterans they assist.  Although the  
          CVSOs will face the same barriers to providing veteran-specific  
          job training agency information if such agencies don't exist in  
          the county, they may be able to provide additional resources to  
          the veterans, including information about veterans pensions or  
          special housing considerations, and other services that can  
          provide indigent veterans with the assistance they need to  
          provide for themselves and their families.  In order to  
          facilitate an appropriate referral, staff recommends the  
          following amendment, beginning on page 4, line 34 of the bill:    











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          18926.6.  In a county that elects to participate in the CalFresh  
          E&T program, a veteran applying for CalFresh benefits who is  
          required to register to work, but who is exempt from mandatory  
          placement in the CalFresh E&T program pursuant to Section  
          18926.5, shall be given the opportunity to participate as a  
          volunteer in the CalFresh E&T program, and shall be provided  
          with a referral to the local County Veteran Service Office and a  
          referral to veterans' assistance and job training agencies, if  
          such veterans' assistance and job training agencies are known to  
          the county  and be given the opportunity to participate as a  
          volunteer in the CalFresh E&T program  .


           RELATED LEGISLATION  

          AB 276 (Hueso) was introduced by this author during the current  
          legislative session before he was elected to the Senate  
          mid-session.  The language in SB 134 replaces that language. 
           
          PRIOR LEGISLATION
           
          SB 43 (Liu) Chapter 507, Statutes of 2011, rebranded the Food  
          Stamp Employment and Training program as the CalFresh Employment  
          and Training program and set forth requirements for counties  
          that elect to participate in the CalFresh E&T program to screen  
          participants for participation or deferral.
          
           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          MAZON, A Jewish Response to Hunger (sponsor)  
           San Diego Hunger Coalition (co-sponsor)  
           Hunger Advocacy Network (co-sponsor)  
           American Legion
          American Red Cross WIC Program
          AMVETS
          California Alternative Payment Program
          California Association of County Service Officers
          California Association of Food Banks
          California Food Policy Advocates
          California State Commanders Veterans Council
          Coalition of California Welfare Rights Organizations
          Community Health Improvement Partners
          County Welfare Directors Association of California








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          Donate, Don't Dump
          Feeding America San Diego
          Homefront San Diego
          Interfaith Community Services
          Jacobs & Cushman San Diego Food Bank
          Jewish Family Service of San Diego
          Paralyzed Veterans of America
          The Arc and United Cerebral Palsy California Collaboration
          VFW
          Vietnam Veterans of America
          Western Center on Law and Poverty










































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           Opposition 
           
          None on file

           Analysis Prepared by  :    Myesha Jackson / HUM. S. / (916)  
          319-2089