BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1584| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1584 Author: Brown (D), et al. Amended: 8/15/16 in Senate Vote: 27 SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/28/16 AYES: McGuire, Berryhill, Hancock, Liu, Nguyen SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16 AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen ASSEMBLY FLOOR: 76-0, 6/2/16 - See last page for vote SUBJECT: Public social services: SSI/SSP SOURCE: Author DIGEST: This bill reinstates the annual California Necessities Index (CNI) cost-of-living adjustment (COLA) for the Supplemental Security Income/State Supplementary Payment (SSI/SSP) Program effective January 1 of each year after the 2017 calendar year. ANALYSIS: Existing law: 1)Establishes, in federal law, the national SSI program, which provides supplemental security income to individuals who have attained age 65 or are blind or disabled. (SSI SEC. 1601. (42 U.S.C. 1381 et. seq.)) AB 1584 Page 2 2)Establishes, in California law, the SSP which supplements federal SSI payments in order to provide persons who are aged, blind or disabled with assistance and services that help them meet basic needs and maintain or increase independence. (WIC 12000 et seq.) 3)Provides that eligibility requirements for state SSP match federal SSI criteria, and requires a minimum level of SSP benefits be provided in order to maintain federal Medicaid funding, as specified. (WIC 12000 et seq.) 4)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 that the computation of annual adjustments to the CNI shall be made. (WIC 12201) 5)Requires annual adjustments, based on the CNI, to SSI/SSP payment schedules to reflect increases or decreases in the cost of living, 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) This bill establishes a sunset date of 2017 for the prohibition against annual adjustments to SSI/SSP payments reflecting increases or decreases in the cost of living, unless otherwise required by statute. Background According to the Federal Poverty Level (FPL), an individual must earn at least $981 per month to make ends meet, and avoid "poverty." In 2013, the US Census Bureau issued a report that indicated that nearly 25% of California's 38 million residents (8.9 million) were living in poverty. Using a slightly different AB 1584 Page 3 methodology, the Public Policy Institute of California (PPIC) issued The California Poverty Measure: A New Look at the Social Safety Net which placed the statewide poverty rate at 22 percent. The same PPIC report indicated that 19 percent of adults over 65 years of age were living in poverty. According to PPIC, some of the highest poverty rates were in the San Francisco Bay Area and coastal communities. At 27 percent, Los Angeles County had the highest poverty rate in the state, followed by Napa County with 25.5 percent. 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, many aged individuals and individuals with disabilities testified about the financial hardship they and people they know were facing due, in part, to the low SSI/SSP grant amount. In addition to pointing out how the SSI/SSP grant amount has not kept up with inflation, witnesses testified that aged individuals and individuals with disabilities had to make difficult decisions about which expenses they were going to pay each month because their SSI/SSP grant amounts weren't high enough to meet basic needs. For example, a presentation by the California Budget & Policy Center revealed that the Fair Market Rent for a studio apartment exceeded the maximum SSI/SSP grant level for an individual in 15 California counties. SSI/SSP The SSI/SSP program provides a monthly cash benefit to qualified individuals and couples in order to help them pay for basic living expenses, such as food, clothing and shelter. In order to be eligible for SSI/SSP, a person must be at least 65 years old, blind or disabled (including disabled children) and meet certain income and resource requirements. A qualified SSI recipient is automatically qualified for SSP. SSI is a federally funded benefit. The SSP benefit is funded with the state's General Fund and California sets its own SSP rates. AB 1584 Page 4 The estimated SSI/SSP caseload for Fiscal Year (FY) 2016-17 is 1.31 million cases, which is comprised of 28 percent aged persons, 1 percent blind persons and 71 percent persons with disabilities. More than 81 percent of SSI/SSP cases are individual cases - the remaining cases are couples. SSI/SSP maximum payment for individuals was as high as $907 in January 2009 (before the recession) and decreased to $830.40 in June 2011. The state's SSP contribution was at its lowest level in June 2011 at $156.40 and has not been increased since then. The current SSI/SSP maximum grant levels are $889.40 per month for an individual and $1,496 per month for couples, which places individuals at 90 percent of poverty and couples at 112 percent of the poverty level based on federal guidelines. SSI/SSP COLAs. The federal Social Security Administration provides an annual COLA to the SSI which is based on the Consumer Price Index. While the federal government has regularly increased its SSI contribution since 2011, the state has frozen or decreased its SSP contribution in recent years. Specifically, the state-funded COLAs for SSP were suspended periodically throughout the 1990s and into the 2000s and spending reductions were routinely enacted during the Great Recession. Additionally, in the past, the state has not passed through federal COLAs to grant recipients in past years. This meant the state reduced its SSP portion of the grant by an amount equivalent to the federal COLA provided, which generated state savings but also caused the total SSI/SSP grant to remain at the same level despite the federal COLA. AB 1603 (Assembly Committee on Budget, Chapter 25, Statues of 2016), which enacts the human services budget for FY 2016-17, includes a one-time increase to the SSP (calculated at 2.76 percent of CNI) beginning January 1, 2017. This will give individuals an increase of $4.32 and couples an increase of $10.94 per month. As of January 1, 2017, SSI/SSP payments for an individual will be $893.72, couples will receive $1,107.14. With this increase, SSI/SSP benefit level still will not be AB 1584 Page 5 restored to its highest level of $907 for individuals and $1,579 for couples, which was in place in January 2009. "Automatic" COLAs for SSP recipients were repealed in 2011 by statute. Prior to 2011, budget language frequently suspended the automatic COLA. No state-funded COLA was authorized between FY 2004-05 and January 1, 2017. After 2011, when the law required statute to provide a COLA, the default was that no COLA would be provided. This bill proposes to reinstate the automatic COLA effective 2017. Cash Aid Program for Immigrants. The Cash Aid Program for Immigrants (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 recipients will receive the increased grant amounts in 2017 and about 13,200 recipients will receive the increased grant amounts in 2018. Related/Prior Legislation AB 474 (Brown, 2015) would have, beginning with FY 2015-16, required the state maximum SSP grant to be annually adjusted such that the maximum SSI/SSP combined payment would have equaled 112 percent of the federal poverty level. The bill did not pass out of the Assembly Budget Committee. FISCAL EFFECT: Appropriation: Yes Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee: Estimated costs to the Department of Social Services of $75 AB 1584 Page 6 million to $100 million for fiscal year 2017-18 and ongoing costs of $150 million to $200 million per year to apply a COLA to the SSI/SSP grant. These estimates assume the COLA would raise the grant by a CNI of 3.62%. SUPPORT: (Verified8/12/16) AARP Alameda County Board of Supervisors Alameda County Developmental Disabilities Council American Civil Liberties Union of California Arc and United Cerebral Palsy California Collaboration California Association of Public Authorities for IHSS California Catholic Conference California Immigrant Policy Center California PACE Association Californians for SSI City and County of San Francisco County of Alameda County Welfare Directors Association of California Disability Rights California East Bay Legislative Coalition Jewish Public Affairs Committee of California Master of Social Work Program at CSU, San Bernardino Mexican American Legal Defense and Educational Fund Multi-faith Action Coalition National Association of Social Workers Office of the State Long-Term Care Ombudsman San Diego Regional Center Santa Clara Board of Supervisors Santa Clara County Board of Supervisors Solano County Board of Supervisors Retired Public Employees Association San Francisco Commission on Aging Advisory Council UDW/AFSCME Local 3930 OPPOSITION: (Verified8/12/16) AB 1584 Page 7 California Department of Finance ARGUMENTS IN SUPPORT: The author states that SSI/SSP recipients, by definition, are unable to work due to disability, and are thus unable to close the financial gap they face each month leaving them disabled and destitute. The author of this bill seeks to eventually align the income of individuals who are unable to work with the actual costs of their needs. ARGUMENTS IN OPPOSITION: The Department of Finance "opposes this bill because it creates significant new ongoing General Fund costs in the SSI/SSP program, thereby placing tremendous pressure on the state's budget which remains precariously balanced after paying for existing obligations." ASSEMBLY FLOOR: 76-0, 6/2/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Bigelow, Chu, Frazier, Beth Gaines Prepared by:Taryn Smith / HUMAN S. / (916) 651-1524 8/15/16 20:33:19 **** END **** AB 1584 Page 8