BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1584


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          ASSEMBLY THIRD READING


          AB  
          1584 (Brown)


          As Amended  April 6, 2016


          2/3 vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Human Services  |6-0  |Bonilla, Calderon,    |                    |
          |                |     |Lopez, Maienschein,   |                    |
          |                |     |Mark Stone, Thurmond  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |16-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Eduardo Garcia,       |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |Roger Hernández,      |                    |
          |                |     |Holden, Quirk,        |                    |
          |                |     |Santiago, Weber, Wood |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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                                                                    AB 1584


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          SUMMARY:  Reinstates the cost-of-living adjustment (COLA) 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 COLAs, as measured by  
            the California Necessities Index (CNI), to be applied to  
            SSI/SSP payment schedules.


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


          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 specified.


          4)Makes technical amendments.


          EXISTING LAW:


          1)Establishes the State Supplementary Program for Aged, Blind  
            and Disabled, which is intended to supplement SSI and provide  








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            persons whose need results from age, blindness or disability  
            with assistance and services that help them meet basic needs  
            and maintain or increase independence.  (Welfare and  
            Institutions Code Section (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  
            statute, for the 2011 calendar year and each calendar year  
            thereafter.  (WIC 12201)


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, this bill may result in the following costs:


          1)Projected costs of $292 million (General Fund) for six months  
            in Fiscal Year (FY) 2016-17, $749 million (General Fund) full  
            year cost in FY 2017-18 and $918 million (General Fund)  
            beginning in FY 2018-19, and on-going, to fund the grant  
            increases.  These figures include the COLAs, federal poverty  
            level adjustments and the Cash Assistance Program for  
            Immigrants (CAPI) impacts as follows:









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             a)   COLAs to the SSP (2.96% CNI) and the SSI (1.39% CPI -  
               federally funded) which, combined, would increase the  
               maximum grant by $24.55 per month for individuals and by  
               $41.30 per month for couples.  This brings the total  
               monthly grant amounts to $913.95 for individuals (92% of  
               the federal poverty level of $990) and $1,527.50 for  
               couples (115% of the federal poverty level of $1,335). 


             b)   Required adjustments to reach 96% of the federal poverty  
               level by 2017 and 100% of the federal poverty level by 2018  
               would increase the SSP grant amount by $43.37 per month  
               beginning January 2017 and an additional $23.60 per month  
               beginning in 2018.  Because the maximum monthly grant for  
               couples exceeds 100% of the federal poverty level, this  
               adjustment only applies to individuals, approximately one  
               million recipients.


             c)   CAPI provides benefits to aged, blind, and disabled  
               legal immigrants.  The CAPI benefits are equivalent to  
               SSI/SSP program benefits, less $10 per individual and $20  
               per couple.  The grant levels are statutorily tied to the  
               SSI/SSP grant levels so the grant increases for individuals  
               would have an equivalent effect for the CAPI grants.   
               Approximately 12,400 and 13,200 recipients will receive the  
               increased grant amounts in 2017 and 2018 respectively.
          The Assembly Appropriations Committee notes that existing law  
          continuously appropriates funds for the implementation of SSP.   
          By reinstating the COLA and by increasing the amount of benefits  
          paid under the SSP, this bill would make an appropriation.  


          COMMENTS:  


          SSI/SSP:  The SSI/SSP program provides a monthly cash benefit to  
          needy aged, blind, and disabled individuals and couples to help  








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          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.


          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.









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          The Governor's 2016-17 proposed Budget includes a cost-of-living  
          increase to the SSP beginning January 1, 2017, that is equal to  
          the CNI, currently estimated to be 2.76%.  


          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.   



          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  








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          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  
          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."  


          PRIOR LEGISLATION:


          AB 474 (Brown) of 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 the Constitution Article  








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          IV, Section 10(c).




          Analysis Prepared by:                                             
                          Daphne Hunt / HUM. S. / (916) 319-2089  FN:  
          0003196