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