BILL ANALYSIS Ó
SB 134
Page 1
SENATE THIRD READING
SB 134 (Hueso)
As Amended August 5, 2013
Majority vote
SENATE VOTE :39-0
HUMAN SERVICES 7-0
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|Ayes:|Stone, Maienschein, | | |
| |Ammiano, | | |
| |Ian Calderon, Garcia, | | |
| |Grove, Dickinson | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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 military veterans who have been honorably discharged
from the United States Armed Forces from mandatory placement
in the CalFresh Employment and Training (CalFresh E&T) program
in a participating county and instead allows those veterans to
voluntarily participate in the program.
3)Requires counties to provide referrals to local county
veterans service offices (CVSOs) and referrals to veterans'
assistance and job training agencies, as specified, 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.
EXISTING LAW :
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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.
(Welfare and Institutions Code (WIC) Section 18900 et seq.)
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 Code of
Federal Regulations (CFR) Section 273.9)
3)Establishes in California the 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 Section 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 Section
18926.5(c))
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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 Section 18926.5(b))
2)Requires the Department of Veterans Affairs to publicize
information pertaining to benefit programs that are available
to qualified homeless veterans, including the CalFresh
program. (Military and Veterans Code (MVC) Section 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 Section 921)
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
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
California.
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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 at least half time; caring
for a child under six or a disabled child or adult; or receiving
unemployment insurance benefits (7 CFR Section 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 Section 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
unemployment rate that has been at least 20% higher than the
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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 do not 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 two 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, thereby
prohibiting counties from mandating their participation as a
condition of receiving necessary food assistance. As
California's economy improves and more counties become able to
mandate recipients' participation in CalFresh E&T programs, this
bill will ensure that military servicemen and women are able to
volunteer in the CalFresh E&T programs and are referred to more
appropriate services to help them transition back to civilian
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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."
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0001540