BILL ANALYSIS Ó
AB 1770
Page 1
ASSEMBLY THIRD READING
AB
1770 (Alejo)
As Amended May 31, 2016
Majority vote
------------------------------------------------------------------
|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Human Services |5-2 |Bonilla, Calderon, |Grove, Maienschein |
| | |Lopez, | |
| | | | |
| | | | |
| | |Mark Stone, Thurmond | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |14-6 |Gonzalez, Bloom, |Bigelow, Chang, |
| | |Bonilla, Bonta, |Gallagher, Jones, |
| | |Calderon, Daly, |Obernolte, Wagner |
| | |Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Quirk, Santiago, | |
| | |Weber, Wood | |
| | | | |
| | | | |
------------------------------------------------------------------
AB 1770
Page 2
SUMMARY: Extends eligibility for nutrition assistance under the
California Food Assistance Program (CFAP) to all noncitizens who
are lawfully present in the United States, provided they meet
all other eligibility requirements.
EXISTING LAW:
1)Establishes under federal law the Supplemental Nutrition
Assistance Program (SNAP) pursuant to the Food Stamp Act of
1964 and establishes in California statute the CalFresh
program to administer the provision of federal SNAP benefits
to families and individuals meeting certain criteria, as
specified. (Welfare and Institutions Code Section (WIC) 18900
et seq.)
2)Establishes, under federal law, eligibility requirements for
receipt of SNAP benefits, including income that is at or below
130% of the federal poverty level and is determined to be a
substantial limiting factor in permitting a recipient to
obtain a more nutritious diet, as specified. (7 Code of
Federal Regulations Section (CFR) 273.9)
3)Authorizes the provision of aid to eligible legal immigrants
who have been lawfully admitted for permanent residence or are
otherwise permanently residing in the United States under
color of law, to the extent permitted by federal law. (WIC
11104)
4)Establishes the California Food Assistance Program (CFAP) to
provide state-funded nutrition assistance to legal permanent
residents for whom the sole reason for ineligibility for
federal SNAP benefits is the period of time they have resided
in the United States. (WIC 18930 et seq.)
AB 1770
Page 3
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill may result in the following costs:
1)Unknown General Fund costs, likely in the hundreds of
thousands of dollars to the Department of Social Services
(DSS) for automation and benefits. For example, if 300
additional families received a $125 per month benefit, the
on-going cost for benefits would be approximately $450,000
(General Fund).
2)Unknown, but likely significant costs to DSS to create a
delivery system for the benefits. DSS notes the federal
government does not permit the use of Electronic Benefit
Transfer (EBT) cards to deliver benefits to this population.
DSS would need to create another card or an alternative
delivery system for the benefits.
COMMENTS:
CalFresh: CalFresh benefits are funded entirely by the federal
government through SNAP, and the United States Department of
Agriculture (USDA) sets specific eligibility requirements for
SNAP programs across the United States, including a gross and
net income test, work requirements, and other documentation
requirements. The maximum allowable gross income is typically
200% of the Federal Poverty Level (FPL). Households with
elderly or disabled members are not subject to gross income
criteria but must have a net monthly income at or below 100% of
the FPL. Other households must meet both gross and net monthly
income tests. CalFresh is administered locally by county human
services agencies, and the federal, state, and county
governments share in the cost of administration of the program.
AB 1770
Page 4
Benefits are made available on a monthly basis for food purchase
through an ATM-like electronic benefits transfer (EBT) card.
However, unlike other types of benefits that may be accessed
through an EBT card, CalFresh benefits cannot be withdrawn in
cash at point-of-sale terminals or at ATM machines. CalFresh
benefits can only be used to purchase food items to be prepared
and consumed at home, as well as seeds and plants that can be
grown at home and produce food. The average monthly benefit for
a CalFresh recipient is $144.35, or $4.81 per person per day.
California Food Assistance Program (CFAP): In 1996, Congress
passed the Personal Responsibility and Work Opportunity
Reconciliation Act (PRWORA), commonly known as federal "welfare
reform." Welfare reform restricted SNAP benefits eligibility
for immigrants who entered the United States after August 22,
1996. CFAP was established in 1997 to provide state-funded
nutrition benefits to legally present immigrants who lost
federal SNAP eligibility under PRWORA. State dollars are used
to provide aid to families not eligible for federal funding
solely due to residency requirements. Income and other
eligibility requirements for CFAP are aligned with CalFresh
requirements, as are benefit amounts. According to DSS, during
the 2015-16 fiscal year, CFAP provided food assistance to
approximately 20,700 households, which is a 6.7% increase from
the previous year.
Need for this bill: According to the author's office,
"California has the largest immigrant population in the country:
approximately 10.5 million residents, comprising 27% of our
state's population. One in four children in California
experience hunger and nearly five million Californians suffer
from food insecurity, frequently not knowing whether they will
have food to put on the table for their families. Following the
passage of federal welfare reform in 1996 California extended
CalFresh benefits in 1997 to provide state-funded food
assistance to legal immigrants who are not eligible for federal
food assistance programs. Most immigrant Californians are
AB 1770
Page 5
eligible for food assistance under SNAP or under California's
CalFresh. However, under current law, certain immigrant
Californians are still ineligible for food assistance, including
immigrants legally residing in California under immigration
categories that did not exist in 1997, such as Deferred Action
for Childhood Arrivals (DACA). Current law also excludes
CalFresh eligibility to longtime residents who are applying for
legal permanent residency status under certain programs.
Expanding eligibility for CalFresh will reduce hunger, food
insecurity, and poverty in California."
PRIOR LEGISLATION:
AB 2345 (Gonzalez), 2014, would have expanded eligibility for
noncitizens who are lawfully in the United States for aid under
the CalWORKs program and for nutrition assistance under CFAP.
This bill died in the Assembly Appropriations Committee.
AB 35 (Hernández) Chapter 571, Statutes of 2013, among other
provisions, extended consumer protections for youth applying for
DACA policy and codified the requirement that DACA-approved
individuals be eligible for unemployment insurance benefits.
SB 1569 (Kuehl) Chapter 672, Statutes of 2006, provided
temporary and immediate access to social services, including
CalWORKs and CFAP, for non-citizen survivors of human
trafficking, domestic violence, and other serious crimes.
Analysis Prepared by:
Kelsy Castillo / HUM. S. / (916) 319-2089 FN:
0003395
AB 1770
Page 6