BILL ANALYSIS Ó AB 492 Page 1 GOVERNOR'S VETO AB 492 (Gonzalez and Gomez) As Enrolled September 8, 2016 2/3 vote -------------------------------------------------------------------- |ASSEMBLY: |64-9 |(January 28, |SENATE: |37-0 |(August 18, | | | |2016) | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- -------------------------------------------------------------------- |ASSEMBLY: |65-15 |(August 30, | | | | | | |2016) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: HUM. S. SUMMARY: Provides, as of October 1, 2020, a $50 diaper benefit issued through an electronic benefits transfer (EBT) system for each child two years of age and younger in a California Work Opportunity and Responsibility to Kids (CalWORKs) assistance AB 492 Page 2 unit that is enrolled in child care as a supportive service, as specified. The Senate amendments: 1)Delay commencement of the benefit, and the requirement that it be issued through an EBT system, until October 1, 2020, and remove the requirement that the Department of Social Services facilitate the orderly administration of state government to make the benefit available at the earliest possible time. 2)Remove the requirement that the benefit be delivered through the specified, existing EBT system and, instead, require that the benefit be delivered through an EBT system in general. 3)Specify that the diaper benefit may only be used to purchase diapers. 4)Rename the benefit from the "diaper needs benefit" to the "diaper benefit." FISCAL EFFECT: According to the Senate Appropriations Committee on August 11, 2016, this bill may result in the following costs: 1)Beginning fiscal year 2020-21, ongoing costs to Department of Social Services (DSS) in the range of $14 million to $18 million per year for a $50 voucher for children in CalWORKs under age 3. Currently, approximately 26,000 children in CalWORKS are under age 3 and would be eligible for benefits under this bill. It is unknown whether the caseload that would be impacted by this bill would increase or decrease significantly in 2020 and following years. (Federal Temporary AB 492 Page 3 Assistance for Needy Families (TANF)/General Fund) 2)Minor one-time state costs for updating an EBT system to deliver the diaper benefit. 3)Additional, potentially reimbursable, county costs for administering the diaper benefit. COMMENTS: CalWORKs: The CalWORKs program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the TANF block grant. The average 2016-17 monthly cash grant for a family of three on CalWORKs (one parent and two children) is $497.35, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is $704. According to recent data from the California DSS, around 497,000 families rely on CalWORKs, including over one million children. Nearly 60% of cases include children under six years old. Maximum grant amounts in high-cost counties of $704 per month for a family of three, with no other income, means $23.46 per day, per family, or $7.82 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,448 per year, or 42% of poverty. Federal Poverty Guidelines for 2015 show that 100% of poverty for a family of three is $20,090 per year. AB 492 Page 4 Welfare-to-Work requirements: Welfare-to-work activities within the CalWORKs program include public or private sector subsidized or unsubsidized employment; on-the-job training; community service; secondary school, adult basic education and vocational education and training when the education is needed for the recipient to become employed; specific mental health, substance abuse, or domestic violence services if they are necessary to obtain or retain employment; and a number of other activities necessary to assist a recipient in obtaining unsubsidized employment. Unless they are exempt, single parent adults must participate for at least 30 hours per week in welfare-to-work activities, whereas the minimum participation requirement for two-parent families is 35 hours per week. After receiving aid for up to a maximum of 24 months, adults without an exemption must work in unsubsidized employment or participate in community services activities for the minimum number of hours listed above. If a CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient's portion of the family's grant subtracted from the amount provided to the family to meet basic needs. Child care as a supportive service: Under current law, the support services available to CalWORKs participants include child care, transportation costs, ancillary expenses, and personal counseling, all of which require specified information to be reported to the county in order to verify necessity. In order to receive child care, for example, a CalWORKs participant must verify employment, child care costs, and hours and dates of employment, educational, or training activities. Title 22 of the California Code of Regulations provides standards to which licensed child care centers must adhere, including that a center shall ensure each infant has sufficient changes of clothing and diapers, and that each infant's clothing and diapers are to be changed as often as necessary to ensure that each infant is kept AB 492 Page 5 clean and dry at all times. Whereas ancillary expenses include the cost of books for school, tools, clothing specifically required for a job, fees and other necessary costs related to employment or education, there are no such ancillary payments provided for the children who live in CalWORKs families. As children sometimes rapidly grow out of clothes, there is no supplement provided to their parents for increased clothing costs, and for infants and toddlers, there is currently no supplement to pay for diapers. While child care is provided within the CalWORKs program to facilitate a parent's participation in employment or another required welfare-to-work activity, not having enough money to purchase diapers can result in the loss of access to child care, which impedes a parent's ability to go to work or participate in a welfare-to-work activity, resulting in a sanction for non-compliance with the program requirements. Need for this bill: With this bill, the author seeks to ensure that babies and toddlers in poor families receiving CalWORKs have the diapers they need, which benefits the children who can continue to be enrolled in child care, as well as the parents who can continue to go to work as a result of that child care. The author introduced a similar measure, AB 1516 (Gonzalez) of 2014. That bill also attempted to provide access to diapers, but did so through an $80 per month young child special needs supplement, which would have been provided to families as part of the CalWORKs cash grant for each child under two years of age. While this bill includes children under three years of age, the scope is narrower, as it provides a $50 per month diaper-needs benefit through the EBT card and specifically ties the benefit to child care enrollment pursuant to a parent's welfare-to-work plan. According to the author, "Despite being critical to the health and hygiene of young children, diapers are excluded from state AB 492 Page 6 and federal assistance for low income families. There is no mechanism for relief from the high cost of diapers in California, even for those families we already support through programs such as CalWORKs. An inadequate supply of diapers can jeopardize a parent's employment by limiting their access to child care. Additionally, diaper need can cause avoidable and costly health consequences for the child and become an equally unhealthy stressor on parents. The goals of this legislation are to remove a potential barrier between parents and child care, and to alleviate the financial and health risks associated with diaper need." The author goes on to note that child care utilization, which helps to facilitate more consistent employment for parents on CalWORKs, can help increase success of the program and potentially result in savings in other safety-net programs. GOVERNOR'S VETO MESSAGE: I am returning the following five bills without my signature: Assembly Bill 492 Assembly Bill 885 Assembly Bill 1584 Assembly Bill 1770 Assembly Bill 1838 AB 492 Page 7 Each of these bills make changes to a worthy program that results in increased funding, a few of which received increases in this year's budget. These bills are an end run of the budget process, and would commit us to spending an additional $240 million every year. The budget process allows for all spending proposals to be weighed equally through public hearings, negotiations and, finally, approval of a balanced budget. This is the best way to evaluate and prioritize all new spending proposals, including those that increase the cost of existing programs. This process is even more important when the state's budget is precariously balanced. The budget process begins again on January 10, 2017, which is the appropriate time to discuss these proposals. Analysis Prepared by: Daphne Hunt / HUM. S. / (916) 319-2089 FN: 0005100