BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 1770 (Alejo) - Food assistance program: eligibility
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|Version: May 31, 2016 |Policy Vote: HUMAN S. 3 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Debra Cooper |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 1770 would extend eligibility for nutrition
assistance under the California Food Assistance Program (CFAP)
to a noncitizen who is lawfully present in the United States,
provided he or she meets all remaining eligibility requirements.
Fiscal
Impact:
One-time costs to the Department of Social Services (DSS) of
approximately $13.8 million for fiscal year 2016-17 and
ongoing costs of $46 million per year for providing benefits
to recipients. (GF)
Unknown, but likely significant costs to DSS for automation
changes to the current benefits delivery system or to create a
new delivery system if DSS is not permitted to use the
existing electronic benefit transfer (EBT) system and for
administering the program. (GF)
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Background: California provides nutritional benefits to approximately 4.4
million people through the CalFresh program. CalFresh benefits
are funded entirely by the federal government through the USDA's
SNAP program, which provides food benefits to eligible
households nationwide. The maximum gross income allowed to be
eligible is 130% of the federal poverty level. The average
monthly benefit for a CalFresh recipient in 2014 was $141.99 per
month, or $4.73 per day, according to the USDA. CalFresh
benefits are made available on a monthly basis through a
debit-like EBT card. Currently, the federal government does not
permit the use of EBT cards to deliver benefits to the
population that would be made eligible for nutrition assistance
by this bill.
In 1997, California established CFAP to provide state-funded
nutritional aid to legally present immigrant populations who
have lost SNAP benefits due to the federal Personal
Responsibility and Work Opportunity Reconciliation Act (PRWORA)
that was passed the previous year. Under CFAP, state dollars are
used to provide aid to families not eligible for federal SNAP
benefits solely due to residency requirements. According to DSS,
in fiscal year 2015-16, CFAP provided food assistance to
approximately 20,700 households, a 6.7% increase from the
previous year. In 2015, the average monthly benefit cost for
CFAP was $130.67 per individual.
California law identifies specific categories of lawfully
present immigrants who are eligible for CFAP benefits. However,
certain immigrant populations that did not exist in 1997, when
CFAP was established, are now ineligible for CFAP benefits. For
example Deferred Action for Childhood Arrivals (DACA), Temporary
Protected Status, Deferred Enforced Departure, and other
long-time residents who are in the process of adjusting to legal
permanent residency status are not eligible for state-funded
food assistance.
In November 2014, President Obama announced a series of
executive actions to pertaining to immigration. Among the
executive actions were to expand the DACA population to include
people of any current age who entered the United States before
the age of 16 and lived in the United States continuously since
AB 1770 (Alejo) Page 2 of
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January 1, 2010, and creating the Deferred Action for Parents of
Americans and Lawful Permanent Residents (DAPA) population of
parents of U.S. citizens and lawful permanent residents who
would be allowed to request deferred action and employment
authorization for three years if they have lived in the United
States continuously since January 1, 2010.
A coalition of 26 states disagreed and challenged the executive
action, and the case was brought to the Supreme Court. In June
2016, the Supreme Court deadlocked, 4-4, in the case, meaning
that the programs will remain blocked from going into effect,
and the issue will return to a lower court.
Proposed Law:
This bill would extend the eligibility for the CFAP to include
a noncitizen who is lawfully present in the United States.
Staff
Comments: Because of the Supreme Court's ruling on DAPA and the
extended DACA, these populations will not be considered lawfully
present in the United States and will not be eligible under this
bill. The existing DACA population, however, would still remain
eligible to receive CFAP benefits under this bill. The DACA
population is the largest population that is lawfully present in
the United States that is currently exempt from receiving CFAP
benefits. Estimates are based on this population and exclude
other populations that would be made eligible for benefits.
Based on data from the Migration Policy Institute an estimated
358,000 Californians are eligible for DACA. Of those, 47%
applied for deferred action and 65% have incomes below 200% of
the federal poverty level and are assumed to be eligible for
food benefits.
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