BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 702 (Maienschein) - CalWORKs:  temporary shelter assistance
          
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          |Version: February 25, 2015      |Policy Vote: HUMAN S. 5 - 0     |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: July 6, 2015      |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          

          Bill  
          Summary:  AB 702 would revise and expand eligibility for both  
          temporary shelter and permanent housing assistance payments  
          under the CalWORKs Homeless Assistance Program, as specified.


          Fiscal  
          Impact:  
              Potential increase in costs for temporary shelter  
              assistance of about $4.7 million (General Fund) annually,  
              assuming approximately 35 percent of families would return  
              for additional assistance as allowable under the provisions  
              of this bill. Over 31,350 requests for temporary shelter  
              were approved in the last year, with an average of 10 days  
              of assistance provided at an average daily cost of $72.  
              These costs would be offset to some extent by reduced  
              payments to families who choose to retain a portion of the  
              16-day benefit for future use but do not subsequently use it  
              or no longer qualify. 
              Potentially significant costs in the hundreds of thousands  







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              to low millions of dollars (General Fund) for additional  
              payments of permanent homeless assistance for cases  
              previously ineligible and/or denied these payments due to  
              existing statute prohibiting payments to families in  
              previous receipt of any amount of temporary shelter  
              assistance. The average permanent housing assistance payment  
              was $900 over the past year, with 1,734 denied requests for  
              assistance in one 12-month period alone. If half of the  
              denials would have been impacted by this bill, costs to  
              provide payments would be nearly $800,000. It is unknown how  
              many requests have been denied over the life of the Homeless  
              Assistance Program due to a family's previous receipt of  
              temporary shelter assistance payments of less than the  
              maximum 16 days, but it is likely significant. Additionally,  
              it is unknown how many more requests have not been submitted  
              due to recognition of the existing restriction on  
              eligibility.
              Unknown, potentially significant costs for automation  
              modifications required to enable the tracking of this  
              information.
              Ongoing state-reimbursable local costs in the hundreds of  
              thousands of dollars (General Fund) for county agencies to  
              re-evaluate eligibility for temporary and permanent housing  
              assistance payments.


          Background:  Existing law, with certain exceptions, provides eligible  
          families with a once-in-a-lifetime payment for homeless  
          assistance, including temporary housing assistance for one  
          period of up to 16 consecutive calendar days and one payment of  
          permanent housing assistance. A homeless assistance payment may  
          be granted for either, or both, temporary shelter or permanent  
          housing. 

          Existing law provides temporary shelter assistance in the amount  
          of $65 per day for a family of up to four people, with an  
          additional $15 per day provided for each additional family  
          member, subject to an overall maximum amount of $125 per day per  
          family. Assistance can only be used to pay for housing provided  
          in a commercial establishment, a shelter, or an established  
          rental property. In addition to families receiving CalWORKs, the  
          temporary shelter payment is also available to homeless  
          applicants who are technically eligible, but not actually  
          enrolled, in the CalWORKs program.








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          Existing law provides that any otherwise eligible Assistance  
          Unit (AU) that includes a parent or nonparent caretaker relative  
          living in the home who has previously received temporary shelter  
          assistance or permanent homeless assistance at any time on  
          behalf of an eligible child is not eligible for further homeless  
          assistance. 

          The exceptions to the once-in-a-lifetime availability of  
          temporary and permanent housing assistance are as follows:
               A family that becomes homeless as a direct and primary  
              result of a state or federally declared natural disaster.
               When homelessness is a direct result of domestic violence  
              by a spouse, partner, or roommate; physical or mental  
              illness, as specified; or the uninhabitability of the former  
              residence caused by sudden and unusual circumstances beyond  
              the control of the family including natural catastrophe,  
              fire, or condemnation. 

          Homeless assistance payments based on the circumstances above  
          are limited to not more often than once in any 12-month period.  
          If the domestic violence is verified by a sworn statement by the  
          victim, the homeless assistance payments are limited to two  
          periods of not more than 16 consecutive calendar days of  
          temporary assistance and two payments of permanent assistance. 

          Any AU applying for homeless assistance is required to be  
          informed that these benefits are limited to once-in-a-lifetime,  
          with exceptions. Additionally, any person who applies for  
          homeless assistance benefits must be informed that the temporary  
          shelter benefit of up to 16 consecutive days is available only  
          once in a lifetime, with certain exceptions, and that a break in  
          the consecutive use of the benefit constitutes permanent  
          exhaustion of the temporary benefit. (Welfare and Institutions  
          Code §11450 (f)(2)(E)(i).)


          Proposed Law:  
           This bill would expand the provision of temporary shelter and  
          permanent housing assistance to CalWORKs-eligible families, as  
          follows:
                 Eliminates the requirement that the temporary shelter  
               assistance be provided during one period of 16 consecutive  
               days, and instead would limit the temporary shelter  








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               assistance to a maximum of 16 calendar days in a lifetime.
                 Expands temporary shelter assistance to any family that  
               includes a parent or nonparent caretaker relative living in  
               the home who has not previously received the maximum  
               allowable temporary shelter assistance (instead of just a  
               portion of the total 16 days) or permanent homeless  
               assistance at any time on behalf of an eligible child.
                 In cases of domestic violence, deletes the requirement  
               that homeless assistance be provided no more than twice, in  
               two periods not to exceed 16 consecutive days, and instead  
               permits homeless assistance be provided to eligible  
               families for a total of 32 calendar days in a lifetime.

          This bill would require the DSS to implement the provisions of  
          the bill through an all-county letter or similar instructions no  
          later than April 1, 2016, and would require the DSS to adopt  
          regulations no later than July 1, 2017.




          Prior  
          Legislation:  AB 264 (Maienschein) 2014 was nearly identical to  
          this measure. This bill was held on the Suspense File of this  
          Committee.
          AB 1452 (Stone) 2014 would have increased the daily maximum  
          homeless allowance for a family of four from $65 to $75 per day,  
          and increase the maximum daily assistance for larger families  
          from $125 to $135. This bill was held on the Suspense File of  
          this Committee.


          Staff  
          Comments:  By eliminating the requirement that temporary shelter  
          assistance be limited to only one period of up to 16 consecutive  
          days, and instead providing temporary shelter assistance for a  
          maximum of 16 calendar days in a lifetime, this bill could  
          result in significant ongoing costs for additional temporary  
          shelter assistance payments of about $5 million (General Fund)  
          per year, assuming additional temporary shelter assistance is  
          provided to about 35 percent of families estimated to utilize  
          the additional periods of assistance. Based on data from the CA  
          237HA (CalWORKs Homeless Assistance Program - Monthly  
          Statistical Report) for May 2014 to April 2015, 31,365 requests  








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          for temporary shelter were approved. The average number of days  
          of temporary shelter assistance was 10.3 days at an average  
          daily cost of about $72. These costs would be partially offset  
          by reduced payments to families who choose to retain a portion  
          of the 16-day benefit for future use but do not subsequently use  
          it or no longer qualify.

          This bill could also result in significant additional costs for  
          increased permanent homeless assistance payments for cases  
          previously ineligible and/or denied these payments due to  
          existing statute prohibiting payments to families in previous  
          receipt of any amount of temporary shelter assistance. According  
          to CA 237HA data for May 2014 to April 2015 the average  
          permanent housing assistance payment was over $900, with over  
          1,734 denied requests for permanent homeless assistance in one  
          12-month period alone. It is unknown how many requests have been  
          denied over the life of the Homeless Assistance Program due to a  
          family's previous receipt of temporary shelter assistance  
          payments of less than the maximum of 16 days, but it is  
          estimated to be significant. Additionally, it is unknown how  
          many more requests have not been submitted due to recognition of  
          the existing restriction on eligibility.

          To the extent automation modifications are required to  
          effectuate the changes specified in this measure, the DSS could  
          incur one-time costs of an unknown amount. Additionally, this  
          bill would result in ongoing state-reimbursable local costs  
          (General Fund) for county agencies to re-evaluate eligibility  
          for temporary and permanent housing assistance payments.

          Staff notes the Budget Act of 2015 includes $35 million General  
          Fund to be available for housing supports for CalWORKs families  
          for whom homelessness or housing instability is a barrier to  
          self-sufficiency or child well-being. It is unclear at this time  
          how these funds interact with the existing CalWORKs Homeless  
          Assistance Program addressed in this measure or if the  
          appropriation is to provide supplemental funding for these  
          purposes.

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