BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1770 (Alejo) - Food assistance program: eligibility ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 31, 2016 |Policy Vote: HUMAN S. 3 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Debra Cooper | | | | ----------------------------------------------------------------- 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) AB 1770 (Alejo) Page 1 of ? 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 ? 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. -- END -- AB 1770 (Alejo) Page 3 of ?