BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1770|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 1770
          Author:   Alejo (D), et al.
          Amended:  8/16/16 in Senate
          Vote:     21 

           SENATE HUMAN SERVICES COMMITTEE:  3-0, 6/28/16
           AYES:  McGuire, Hancock, Liu
           NO VOTE RECORDED:  Berryhill, Nguyen

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 8/11/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  53-25, 6/2/16 - See last page for vote

           SUBJECT:   Food assistance program:  eligibility


          SOURCE:    Western Center on Law and Poverty
          
          DIGEST:  This bill extends 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.  
           


          ANALYSIS:  
          
          Existing federal law:
          
          1)Establishes the Temporary Assistance to Needy Families (TANF)  
            program and ties receipt of benefits to work. It also reduced  
            or eliminated federal eligibility for legal immigrants during  
            their first five years of U.S. residence.(H.R. 32734)








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          2)Establishes the Supplemental Nutrition Assistance Program  
            (SNAP) within the US Department of Agriculture (USDA) to  
            promote the general welfare and to safeguard the health and  
            wellbeing of the nation's population by raising nutrition  
            levels among low-income households. (7 CFR 271.1)

          3)Establishes income eligibility standards for SNAP benefits,  
            including income that is at or below 130 percent 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 CFR 273.9)

          Existing state law:

          1)Establishes in California statute the CalFresh program to  
            administer the provisions of federal SNAP benefits to families  
            and individuals meeting specified criteria. (WIC 18900 et  
            seq.)


          2)Authorizes the provision of aid to noncitizens 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)

          3)Establishes the CFAP which provides state-funded nutrition  
            assistance to certain legal immigrants who meet all other  
            CalFresh benefit requirements, as specified. (WIC 18930 et  
            seq.)
          
          This bill extends eligibility for the CFAP to include  
          noncitizens lawfully present in the United States, to the extent  
          use of the existing electronic benefits transfer system to  
          deliver the benefit is allowed by federal law.

          Background

          CalFresh

          California provides nutritional benefits to approximately 4.4  
          million people through the CalFresh program. CalFresh benefits  








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          are funded entirely by the federal government through the USDA's  
          SNAP program, which provides food benefits to eligible  
          households nationwide. USDA sets specific eligibility  
          requirements for SNAP programs across the United States,  
          including gross- and net-income asset tests for most recipients,  
          work requirements and specific documentation requirements. The  
          maximum gross income allowed to be eligible is 130 percent of  
          the Federal Poverty Level. According to the USDA, the average  
          monthly benefit for a CalFresh recipient in 2014 was $141.99 per  
          month, or $4.73 per day.

          CalFresh benefits are made available on a monthly basis through  
          a debit-like EBT card. CalFresh benefits can be used to purchase  
          food items for human consumption, as well as seeds and plants to  
          be grown at home that produce food.  Currently, the federal  
          government does not permit the use of EBT cards to deliver  
          benefits to the population that would be made eligible for aid  
          by this bill.

          California Food Assistance Program 

          Following the passing of the Personal Responsibility and Work  
          Opportunity Reconciliation Act (PRWORA) in 1996, federal  
          eligibility for aid to immigrant populations entering the U.S.  
          was restricted. The following year, California established CFAP  
          to provide state-funded nutritional aid to legally present  
          immigrant populations who had lost SNAP benefits due to PRWORA.  
          Under CFAP, state dollars are used to provide aid to families  
          not eligible for federal SNAP benefits solely due to residency  
          requirements. Income and other eligibility requirements for CFAP  
          are aligned with CalFresh requirements; similarly, benefit  
          amounts are aligned with CalFresh. According to the California  
          Department of Social Services (CDSS), CFAP provided food  
          assistance to approximately 20,700 households in Fiscal Year  
          2015-16, a 6.7 percent increase from the previous year.

          California law identifies specific categories of lawfully  
          present immigrants, such as Haitian or Cuban refugees, who are  
          eligible for CFAP benefits.  However, because immigration  
          categories have expanded in recent years, certain immigrant  
          populations are ineligible CFAP benefits. This group includes  
          immigrants present under immigration categories that did not  








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          exist in 1997, when the CFAP program was created. 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. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee: 


           One-time costs to CDSS 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 CDSS for automation  
            changes to the current benefits delivery system and for  
            administering the program. (GF)




          SUPPORT:   (Verified8/15/16)


          Western Center on Law and Poverty (source)
          Anti-Defamation League 
          Asian Americans Advancing Justice
          California Association of Food Banks 
          California Food Policy Advocates
          California Pan-Ethnic Health Network
          Children's Defense Fund
          Coalition for Human Immigrant Right of Los Angeles
          County Welfare Directors Association of California 
          Courage Campaign 
          Hunger Action Los Angeles
          MALDEF








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          San Diego Hunger Coalition
          Services, Immigrant Rights & Education Network
          Southeast Asia Resource Action Center
          The California Catholic Conference
          The California Immigrant Policy Center
          The Service Employees International Union


          OPPOSITION:   (Verified8/15/16)


          Department of Finance

          ARGUMENTS IN SUPPORT:  According to the author, under existing  
          law the CalFresh program provides nutritional assistance to  
          certain, but not all, legally eligible California immigrants who  
          are ineligible for federal SNAP benefits.  AB 1770 would expand  
          CalFresh eligibility to all California immigrants who are  
          lawfully present in the United States. 

          The author further states, California has the largest immigrant  
          population in the country with approximately 10.5 million  
          residents, which comprise 27 percent of the state's population.  
          Meanwhile, 1 in 4 children in California experiences hunger and  
          nearly five million Californians suffer from food insecurity,  
          per the author. 

          The author states that ending hunger among lawfully present  
          immigrants is not only a moral imperative; it would help  
          stimulate state and local economies. The author cites data that  
          indicates every $5 in financial assistance generates $9 in  
          economic activity. Additionally, the author reports that every  
          $1 billion in SNAP benefits allows approximately 14,000  
          Americans to keep their jobs, according to the Economic Research  
          Service.


          ARGUMENTS IN OPPOSITION:     The California Department of  
          Finance writes that it opposes this bill because it expands  
          eligibility for state-funded food stamp benefits, and that these  
          significant costs are not included in the Administration's  
          current fiscal plan. Finance also notes that "although the  








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          author's office specifies this bill would make Temporary  
          Protected Status, Deferred Action for Childhood Arrivals and  
          Other Longtime Residents newly eligible, this bill would  
          actually establish eligibility for all individuals considered  
          'lawfully present,' which would include temporary status  
          visitors such as workers, students and other visa-holders who  
          are currently ineligible for CFAP benefits."

          ASSEMBLY FLOOR:  53-25, 6/2/16
          AYES:  Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,  
            Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Linder,  
            Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell,  
            Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Rendon
          NOES:  Achadjian, Travis Allen, Baker, Brough, Chang, Chávez,  
            Dahle, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey,  
            Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen,  
            Patterson, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Bigelow, Beth Gaines

          Prepared by:Taryn Smith / HUMAN S. / (916) 651-1524
          8/16/16 17:33:29


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