BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1584|
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                                   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.))









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          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  








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          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.  










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          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  








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          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  








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            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)








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          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


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