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  








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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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