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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