BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1584


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          Date of Hearing:   March 29, 2016


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                Susan Bonilla, Chair


          AB 1584  
          (Brown) - As Amended March 18, 2016


          SUBJECT:  Public social services:  SSI/SSP


          SUMMARY:  Reinstates the cost-of-living adjustment for the State  
          Supplementary Program for the Aged, Blind and Disabled and  
          indexes the maximum Supplemental Security Income/State  
          Supplementary Payment (SSI/SSP) benefit to the federal poverty  
          level. 


          Specifically, this bill:  


          1)Requires, as of January 1, 2017, annual cost-of-living  
            adjustments (COLAs), as measured by the California Necessities  
            Index (CNI), to be applied to SSI/SSP payment schedules.


          2)Requires maximum SSI/SSP aid payments that fall below 96% of  
            the federal poverty level as of December 31, 2016, to be  
            increased to an amount equal to 96% of the federal poverty  
            level.  Further requires, beginning January 1, 2018, maximum  
            aid payments that fall below 100% of the federal poverty level  
            as of  December 31, 2017, to be increased to an amount equal  
            to 100% of the federal poverty level.









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          3)States that the requirements to index the maximum aid payments  
            to the federal poverty level are not intended to reduce any  
            payments that already exceed 96% or 100% of the federal  
            poverty level, as applicable.


          4)Requires payment increases resulting from indexing to the  
            federal poverty level to be in addition to required COLAs, as  
            specified.


          EXISTING LAW:


          1)Establishes the State Supplementary Program for Aged, Blind  
            and Disabled, which is intended to supplement SSI and provide  
            persons whose need results from age, blindness or disability  
            with assistance and services that help them meet basic needs  
            and maintain or increase independence.  (WIC 12000 et seq.)


          2)Provides that eligibility requirements for SSP match federal  
            SSI criteria, and requires a minimum level of SSP benefits to  
            be provided in order to maintain federal Medicaid funding, as  
            specified.  (WIC 12000 et seq.)


          3)Defines the CNI to be the weighted average of changes for  
            food, clothing, fuel, utilities, rent, and transportation for  
            low-income consumers, and specifies the methods with which the  
            computation of annual adjustments to the CNI shall be made.   
            (WIC 12201)


          4)Requires annual adjustments, based on the CNI, to SSI/SSP  
            payment schedules to reflect increases or decreases in the  
            cost of living, as specified, but further stipulates that such  
            adjustments shall not be made, unless otherwise required by  








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            statute, for the 2011 calendar year and each calendar year  
            thereafter.  (WIC 12201)


          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          SSI/SSP:  The SSI/SSP program provides a monthly cash benefit to  
          needy aged, blind, and disabled individuals and couples to help  
          them pay for basic living expenses, such as food, clothing and  
          shelter.  In order to be eligible for SSI/SSP, an individual  
          must be 65 years of age or older, blind, or have disabilities  
          (children who are blind or have disabilities can qualify), and  
          must meet certain federal income and resource requirements.  The  
          SSI portion of the benefit is federally-funded and only provided  
          through an approved application to the Social Security  
          Administration (SSA), while the SSP portion is paid for with  
          General Fund dollars, and a qualified SSI recipient is  
          automatically qualified for SSP.  The SSI portion of the grant  
          is meant to provide an income floor for qualifying low-income  
          individuals and couples.


          SSI/SSP grants are adjusted based on whether a recipient is  
          aged, blind or disabled, the individual's or couple's living  
          arrangement, a recipient's marital status, and a recipient's  
          status as a minor.  The current SSI/SSP maximum grant levels are  
          $889.40 per month for an individual ($156.40 SSP) and $1,496 per  
          month for couples ($396.20 SSP), which places individuals at 90%  
          of poverty and couples at 112% of poverty based on federal  
          guidelines.  The estimated SSI/SSP caseload for 2016-17 is 1.31  
          million cases (including 1.51 million people), which is  
          comprised of 28% aged persons, 1% blind persons and 71% persons  
          with disabilities.  Over 81% of SSI/SSP cases are individual  
          cases.









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          The SSA applies an annual COLA to the SSI portion of the grant  
          pursuant to annual increases in the Consumer Price Index (CPI).   
          This federal COLA is passed through to SSI/SSP recipients in  
          California, which allows SSI/SSP grants to remain at the minimum  
          level allowed under federal law for individuals and couples,  
          thereby allowing the state to maintain its federal Medicaid  
          funding.  During the state's economic downturn, the SSI/SSP  
          program was one of many safety net programs negatively impacted.  
           The COLA California once applied to the SSP amount was made  
          inoperative as part of the 2009-10 Budget Act.


          The Governor's 2016-17 Budget proposed in January includes a  
          cost-of-living increase to the SSP beginning January 1, 2017,  
          that is equal to the CNI, estimated to be 2.96%.  This will have  
          the effect of increasing SSI/SSP monthly grant amounts by $17  
          for individuals and $31 for couples.


          Need for this bill:  In a March 2015 Joint Hearing of the  
          Assembly Committee on Aging and Long Term Care and the Assembly  
          Committee on Human Services titled Who Can Afford to Get Old?   
          Senior Poverty in the Golden State, numerous aged individuals  
          and individuals with disabilities provided public comment about  
          the financial hardship they and people they know were facing  
          due, in part, to the low SSI/SSP grant amount, which is the sole  
          source of income for many of them.  In addition to pointing out  
          how the SSI/SSP grant amount has not kept up with inflation,  
          many members of the public spoke about how too many aged  
          individuals and individuals with disabilities had to make tough  
          decisions about which expenses they were going to be able to pay  
          each month, understanding that their SSI/SSP grant amounts  
          weren't high enough to meet even their most basic needs.  More  
          specifically, a presentation prepared for the hearing by the  
          California Budget & Policy Center revealed that the current Fair  
          Market Rent for a studio apartment exceeds the maximum SSI/SSP  
          grant level for an individual in 15 counties, and exceeds 50% of  
          the maximum SSI/SSP grant for an individual in all 58 counties.   








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          The California Elder Economic Security Index (EESI) is a  
          county-specific measure of the minimum income necessary to cover  
          basic expenses for people age 65 years and older.  Factoring in  
          housing, food, health care, and transportation costs, the EESI  
          illustrates the shortcomings of the current SSI/SSP grant amount  
          for seniors.  According to the EESI, a single renter living  
          alone in a one-bedroom apartment in Kern County  needs $1,565  
          per month to pay for basic expenses, which increases to $2,193  
          needed for a couple renting that same apartment.  In San Diego  
          County, the amount needed is $2,031 for a single elderly renter  
          and $2,629 for a couple.  The minimum income is even higher in  
          Alameda County at $2,170 for a single elderly renter and $2,888  
          for a couple.  By reinstating the COLA in order to increase the  
          monthly SSI/SSP grant amount, the author of this bill seeks to  
          eventually better align the income of individuals who are unable  
          to work with the actual costs of their needs.


          According to the author, "Aged, Blind and disabled Californians  
          need our help.  Eye-watering recession-era cuts to the SSI/SSP  
          program plunged over 1 million Californians into poverty, and  
          their only way 'out' is through the actions of the Governor and  
          the Legislature.  There is no 'Do-Over' for SSI/SSP recipients  
          whom due to age, blindness or disability are unable to enter the  
          work-force, or re-train to acquire new skills.  They are at the  
          mercy of state policy.  [This bill] advances a first-step toward  
          total restoration of recession era cuts.  By increasing the  
          state portion of the SSI/SSP grant, California's eligible aged,  
          blind and disabled adults will have financial resources to  
          manage California's unusually high costs of living, while  
          stimulating needed economic activity in communities hit hardest  
          by the recession.  The strategy embodied in [this bill] (as  
          amended) is two-fold: first: restore the  
          Cost-of-living-adjustment, or 'COLA,' a built-in 'inflator' to  
          compensate for ongoing cost of living increases that impact  
          everyone.  Second: a two-year, initial restoration effort to  








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          assure that no recipient finds their income below the federal  
          poverty level (FPL) by extending incremental restoration during  
          a two-year period to first raise all grants to a minimum of 96%  
          of the FPL, then to 100% of the FPL."  



          Recommended amendments:


          


          1)In order to make clear that the SSI/SSP payment schedules are  
            to first be adjusted per the CNI, and then the resulting  
            amounts indexed, as specified, to the federal poverty level,  
            committee staff recommends the following amendments to Section  
            12200.7 of the bill, starting on line 14 of page 2:


              14


          12200.7.  (a)  Notwithstanding any other law,   Commencing January  
          1, 2017,  a  ny  maximum aid 


              15


          payment  pursuant to section 12200 and adjusted pursuant to  
          section 12201  that falls below   does not equal or exceed  96  
          percent of the  2016 federal poverty level  based upon family  size  
           as 
               16


           of December 31, 2016  , shall be increased to an amount that  
          equals 








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              17


            96 percent of the  2016   federal poverty level  based upon  
          family size  .
              18


            (b)  Notwithstanding any other law,   c   C  ommencing January 1, 
              19


          2018, a  ny  maximum aid payment that  falls below   does not equal or  
          exceed  100 percent of the 
              20


           2017  federal poverty level  based on family size   as of December  
          31, 2017  , shall be increased 
              21


            to an amount that equals 100 percent of the  2017  federal  
          poverty level  based on family size  .

          P3     
               1


            (c)This section is not intended to result in the reduction of  
          any 
               2


          payment that exceeds 96 percent of the  2016  federal poverty  
          level  based on family size during calendar year 2017,   on  
               3










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           December 31, 2016,  or  that exceeds  100 percent of the  2017   
          federal poverty  level   line   based on family size during calendar  
          year 2018.   on  
               4


             December 31, 2017.
                5


             (d)The increases required by this section shall be provided in  

                6


           addition to the cost-of-living adjustments required by Section 
                7


             12201.

           2)Because the SSP COLA is reinstated by this bill, the reference  
            to the ongoing prohibition on the application of this COLA can  
            be deleted.  Committee staff recommends the following  
            amendments: 





            On line 10 of page 3, strike "or (g)"; and





            On page 5, strike lines 15 through 21.

          PRIOR LEGISLATION:








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          AB 474 (Brown), 2015, would have, beginning with the 2015-16  
          fiscal year, required the state maximum SSP grant to be annually  
          adjusted such that the maximum SSI/SSP combined payment would  
          have equaled 112% of the federal poverty level.  It died in the  
          Assembly Budget Committee pursuant to Article IV, Sec. 10(c) of  
          the Constitution.


          


          REGISTERED SUPPORT / OPPOSITION:




          Support


          2-1-1 Humboldt County 
          AARP


          Alameda County Community Food Bank
          Association of Regional Center Agencies (ARCA)
          Beacon Presbyterian Fellowship
          Berkeley Food Pantry
          California Alliance for Retired Americans (CARA)


          California Association of Food Banks
          California Catholic Conference
          California Council of the Blind (CCB)









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          California Immigrant Policy Center


          California In-Home Supportive Services Consumers Alliance
          California Long-Term Care Ombudsman Association (CLTCOA)


          Coalition of California Welfare Rights Organizations, Inc.


          Communities Actively Living Independent & Free 
          Community Food Bank
          Community Resources for Independent Living
          County of Alameda


          County Welfare Directors Association of California (CWDA)
          Disability Organizing Group For Initiating Total Equality
          Disability Rights California 


          Educate. Advocate.
          Feeding America San Diego
          Food Bank of Contra Costa & Solano Counties
          Food for People, Inc.
          Hunger Action Los Angeles
          Insight Center for Community Economic Development
          Jewish Family Service of Los Angeles
          Jewish Labor Committee Western Region
          Jewish Public Affairs Committee of CA (JPAC)


          Justice in Aging
          Los Robles Apartments Food Pantry 
          MALDEF (Mexican American Legal Defense and Education Fund)
          Mercy Brown Bag Program 
          Mission for the Homeless
          Napa Valley Food Bank








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          National Association of Social Workers - California Chapter  
          (NASW-CA)
          Orange County Food Access
          Orange County Food Bank
          Personal Assistance Services Council


          Personal Assistance Services Council of Los Angeles County 
          Project Angel Food
          Redwood Empire Food Bank
          Resources for Independent Living
          San Francisco Food Security Task Force
          San Francisco-Marin Food Bank
          Senior & Disability Action
          SF-Marin Food Bank
          Silicon Valley Independent Living Center
          Southern California Resources Services for Independent Living
          St. Anthony Foundation
          Time for Change Foundation
          UDW/AFSCME Local 3930
          Viola Blythe Center



          Opposition





          None on file.




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










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