BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 1809 ----------------------------------------------------------------- |Author: |Lopez | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |June 15, 2016 |Hearing | June 28, 2016 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Taryn Smith | |: | | ----------------------------------------------------------------- Subject: CalWORKs eligibility: asset limits SUMMARY This bill repeals the asset limitations for CalWORKs eligibility, which eliminates the consideration of an individual's or family's assets as a condition of eligibility for CalWORKs, and makes conforming changes. ABSTRACT Existing law: 1)Establishes the federal Temporary Assistance for Needy Families (TANF) program, which permits states to implement the program under a state plan. (42 USC § 601 et seq.) 2)Establishes in state law the CalWORKs program to provide cash assistance and other social services for low-income families through the federal TANF program. Under CalWORKs, each county provides assistance through a combination of state, county and federal TANF funds. (WIC 10530) AB 1809 (Lopez) PageB of? 3)Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment (MAP), based on family size and county of residence, which is around 40% of the Federal Poverty Level. (WIC 11150 to 11160, 11450 et seq.) 4)Imposes limits on the amount of income and personal and real property an individual or family may possess in order to be eligible for aid under the CalWORKs program, as specified. (WIC 11155 et seq.) 5)Provides that receipt of aid shall not impose limitations or restrictions on recipient's right to sell, exchange, or chance the form of property holdings. (WIC 11157.5) 6)Provides that no aid shall be paid to a family with real or personal property valued at $1,000 or more, as specified. (WIC 11257) 7)Provides that a CalFresh recipient family may retain real property for nine months if they make good faith effort to sell the real property. (WIC 11257.5) 8)Provides that a child's share of any estate which has not been distributed and of which he has no present economic use, does not constitute property for purposes of determining CalWORKs eligibility. (WIC 11260) 9)Establishes legislative intent regarding CalWORKs recipients' eligibility and participation in the federal Earned income Tax Credit. (WIC 11322.5) 10)Establishes the California Savings and Asset Project and provides for CalWORKs recipients to participate in the program, as specified. (GOV 95504) This bill: 1)Makes Legislative findings and declarations relating to the establishment of CalWORKs, the asset test as a requirement for AB 1809 (Lopez) PageC of? eligibility, and estimated cost savings to the State if it were to repeal the CalWORKs asset limit. 2)States Legislative intent to repeal the asset test for the CalWORKs program, thereby aligning program rules with Medi-Cal and CalFresh, making the program more efficient and increasing the capacity of poor families to exit poverty. 3)Repeals various sections of the Welfare and Institutions Code that stipulate the allowable value and nature of personal property, savings, and motor vehicles for purposes of determining eligibility for CalWORKs, as specified. 4)Amends legislative intent regarding CalWORKs recipients' eligibility and participation in the federal Earned income Tax Credit to delete outdated language. 5)Makes technical conforming changes. FISCAL IMPACT According to an analysis prepared by the Assembly Appropriations committee, this bill may result in increased CalWORKs grants, services, child care, and administrative costs potentially in the millions of dollars (TANF/MOE) for increased CalWORKs caseload, and existing cases that would have otherwise become ineligible. To the extent the CalWORKs budget exceeds available TANF/MOE funds, any increased costs above the base MOE would be funded with General Fund. For a caseload increase of 520 cases, the estimated total costs would be $3.1 million ($0.2 million GF) in FY 2016-17 and $6.3 million ($0.4 million GF) in FY 2017-18 and on-going. The analysis also notes potential savings due to reduced county administrative workload. It is estimated that a county eligibility worker spends approximately 30 minutes per case on average determining the value of a family's assets. The scope of this task varies by county, but this process takes a substantial AB 1809 (Lopez) PageD of? amount of time because it must be completed for every CalWORKs case. Counties receive a single allocation to administer CalWORKs programs. While this bill will save time and reduce workload for county eligibility workers, the state will only achieve actual savings if a county's single allocation is further reduced. This action is unlikely given that this work is currently underfunded and county welfare departments have sustained hundreds of millions of dollars in cuts over the past several years. Per the Appropriations' analysis, there may be potentially substantial future and indirect savings as a result of this bill. The aggregate amount of time saved by eligibility workers will be substantial. This bill could sufficiently reduce county workload to allow these employees to be redirected to providing employment services, resulting in transitioning recipients to work more quickly, thereby potentially reducing grant costs and time on aid, resulting in significant future CalWORKs cost savings. BACKGROUND AND DISCUSSION Purpose of the bill: According to the author, the CalWORKs asset limit forces families with modest savings who are working their way off of public assistance to stop saving, and punishes families that do save any savings amount over $2,000. On rare occasions, some families lose their benefits if they accrue savings beyond $2,000, per the author. The author also states that by inhibiting low-income families from accumulating and maintaining savings and assets, California is preventing families from achieving economic self-sufficiency. And yet, according to the author, the current $2,000 threshold is not enough for a family to survive outside of the CalWORKs program for more than one or two months. According to the author, this bill gives families a meaningful AB 1809 (Lopez) PageE of? and more realistic financial foundation needed for survival within CalWORKs and better ensures economic mobility after they leave the program. The author also states that AB 1809 is a cost-effective way to streamline the CalWORKs application process, achieve an estimated $6.4 million in administrative savings and subsequently realize a decrease in cases, which would be similar to other states. Poverty California has the highest poverty rate in the nation - just under one-quarter of residents are living at or below the federal poverty level (FPL) according to the national Supplemental Poverty Measure. According to California Public Policy Institute, 23.9 percent of California's children were living in poverty in 2013. These families earn no more than $20,160 per year for a family of three. During and after the Great Recession, California saw growing rates of childhood deep poverty - those living below 50 percent of the federal poverty line. According to the Public Policy Institute of California, the 2014 poverty rate in the state is 16.4 percent a 4 percent increase from the pre-recession levels of 2007. Recovery from the recession has been unequally distributed, with Black and Latino communities living in poverty at higher rates than the total state population. About 78 percent of impoverished families have an adult working full time. CalWORKs CalWORKs implements the federal TANF program in California. The California Department of Social Services (CDSS) is charged with program supervision at the state level. The counties are responsible for administering the caseloads at the local level. The CalWORKs program is funded with a mix of federal, state and counties funds. According to data from CDSS, about 497,000 families rely on CalWORKs, including more than one million children. Nearly 60 percent of CalWORKs cases include children under 6 years of age. CalWORKs seeks to address poverty through an array of services designed to assist families in various states of need and to address the facets of need for each family. CalWORKs provides temporary cash assistance to help qualified low income families AB 1809 (Lopez) PageF of? meet their basic needs, such as rent, clothing, utility bills, food and other items needed to ensure children are cared for at home and safely remain with their families. In addition to cash assistance, CalWORKs provides education, employment and training programs for adult CalWORKs recipients that are designed to help remove barriers to work. State law provides for a cumulative 48-month lifetime limit on CalWORKs cash aid for adults. During those 48 months, adults may receive a total of 24 months of Welfare-to-Work (WTW) services, which are intended to help adult CalWORKs recipients address issues that may prevent or make it difficult to obtain employment. These WTW activities include subsidized and unsubsidized employment, community service, adult basic education, job skills, training, mental health counseling, substance abuse treatment and other activities necessary to assist recipients in obtaining employment. Once the 24 months of WTW activities have been exhausted, adults must meet stricter federal work participation requirements that may include increased weekly hours and participation in fewer qualifying activities. For example, substance abuse treatment is not a qualifying activity under the federal requirements. Children of adults who exhaust the 48-month lifetime limit may continue to receive cash aid, if otherwise eligible, until they reach 18 years of age. However, if an adult CalWORKs recipient who is not exempt from participation does not meet his or her welfare-to-work requirements, the recipient is sanctioned for noncompliance, and that recipient's portion of the family's grant subtracted from the amount provided to the family to meet basic needs. CalWORKs Asset Test California's CalWORKs asset test requires families to have no more than $2,000 in specified assets ($3,250 if there is a person over 60 years old in the household), and requires a family's vehicle, if they have one, to have a value of no more than $9,500. The asset test for CalFresh eligibility was eliminated in July 2009. Eight states (Ohio, Virginia, Hawaii, Louisiana, Alabama, Maryland, Illinoi, and Colorado) have completely eliminated their TANF asset tests and have seen very minimal or no increase AB 1809 (Lopez) PageG of? in TANF cases. According to data presented in a 2015 report prepared by the Howard University Center on Race and Wealth in collaboration with Californians for Shared Prosperity<1> eliminated asset tests for TANF did not result in an increase in caseload, except in Alabama and Colorado, states in which the study did not have enough data to be conclusive. The same report found that California spends an estimated $6.4 million per year on cash and vehicle-asset test verification of about one million CalWORKs cases. Furthermore, during the initial intake application process, only 2 percent of the intake cases exceeded the cash asset limit and only .001% exceeded the vehicle asset limit. Of reevaluated cases, only 1 percent was discontinued after asset test verification. The report also predicts that asset accumulation due to the elimination of asset testing guidelines will lead to a reduction in the CalWORKs caseload within the first year by an estimated 5 percent, or about 26,000 cases. According to the Howard University report, interview results with case managers and workers in California revealed that if they were not allocating their time to the asset testing verification process, they would have more time to dedicate to other duties required of their position. The asset verification time could be allocated to clearing reports and system alerts, reviewing cases for unreported income, reviewing previous cases to determine if any changes occurred with clients' employment status, and adhering to other verification requirements needed during the intake and renewal processes. Overall, the interviews revealed that freeing up case manager and worker time by removing asset test verification would allow better monitoring and more oversight of CalWORKs' applicants and recipients in their progress under the program. Savings According to the Corporation for Enterprise Development, a household of one in California with less than $2,943 on hand is asset poor and doesn't have enough money saved to get by at the poverty level in the event that an emergency left them without income. Additionally, lack of savings is a problem for 46 --------------------------- <1> http://coas.howard.edu/centeronraceandwealth/reports&publications /CalWORKs%202015%20Revised.pdf AB 1809 (Lopez) PageH of? percent of California' households that do not have sufficient liquid assets to subsist at the poverty level for three months in the absence of income.<2> According to a report issued by the Upward Mobility Project of the Pew Charitable Trust, "people who have higher savings experience greater upward mobility. In particular, the results show that savings is potentially an important factor in advancing one's children and oneself up the income ladder, especially for those households who start at the bottom of the income distribution ? Using public policy to promote savings, then, would appear to be a potentially beneficial strategy for enhancing upward economic mobility, especially among low-income families and households."<3> Related legislation: AB 197 (Stone, 2013) would have eliminated the requirement that county welfare departments assess the value of a vehicle when determining eligibility for CalWORKs participation. This bill was held in the Assembly Appropriations Committee. AB 2352 (Hernández, 2012) would have eliminated the requirement that county welfare departments assess the value of a vehicle when determining eligibility for CalWORKs participation. This bill was held in the Assembly Appropriations Committee. AB 1182 (Hernández, 2011) would have eliminated the requirement that county welfare departments assess the value of a vehicle when determining eligibility for CalWORKs participation. This bill was vetoed by the Governor. AB 1058 (Beall, 2009) would have eliminated the use of a motor vehicle valued at more than $4,500 when determining eligibility for CalWORKs. This bill was held in the Senate Appropriations Committee. --------------------------- <2> http://assetsandopportunity.org/ <3> http://www.pewtrusts.org/~/media/legacy/uploadedfiles/pcs_assets/ 2009/empsavingsreportpdf.pdf AB 1809 (Lopez) PageI of? AB 2368 (Fuentes, 2008) would have eliminated the vehicle asset test as a condition of eligibility for CalWORKs. This bill was held in the Assembly Appropriations Committee. AB 167 (Bass, 2007) would have repealed the asset test for CalWORKs eligibility if a household contained a member who was aged or has a disability. This bill was held in the Senate Appropriations Committee. COMMENTS This bill seeks to eliminate the CalWORKs asset test and to allow recipients and applicants to maintain modest savings that will help them gain greater financial stability. The CalWORKs asset test can prevent families from being able to save sufficient funds to cover important and common costs such as paying the deposit and the first month's rent on an apartment, making necessary car repairs, or dealing with unforeseen emergencies. Studies have indicated that discouraging asset development is counter to core goals of CalWORKs aimed at offering short-term aid and services to facilitate long-term self-sufficiency. Modernizing the asset test for the CalWORKs program aligns program rules with Medi-Cal and CalFresh, making the program more efficient, and increasing the capacity of poor families to exit poverty. PRIOR VOTES ----------------------------------------------------------------- |Assembly Floor: |52 - | | |28 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |14 - | | |6 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |5 - | AB 1809 (Lopez) PageJ of? | |1 | ----------------------------------------------------------------- POSITIONS Support: EARN (Sponsor) Western Center on Law and Poverty (Sponsor) 2 Gen Equity 2 Individuals Alameda County Board of Supervisors Alameda County Community Asset Network Alameda County Social Services Agency Asset Building Strategies Brighter Beginnings California Alternative Payment Program Association California Asset Building Coalition California Catholic Conference California Community College CalWORKs Association California Food Policy Advocates California Immigrant Policy Center California Reinvestment Coalition California Urban Partnership CFED Children's Defense Fund California Immigrant Policy Center Community Financial Resources County of Alameda County Welfare Directors Association of California Courage Campaign Family Economic Security Partnership Family Paths, Inc. First 5 Association of California Fremont Family Resource Center Hunger Action LA Koreatown Youth and Community Center Lift-Los Angeles MidPen Housing Mission Asset Fund Mission Economic Development Agency National Association of Social Workers National Council of La Raza Non-Profit Housing Association of California Opportunity Fund AB 1809 (Lopez) PageK of? PolicyLink Santa Clara County Board of Supervisors St Anthony Foundation The California Catholic Conference The City and County of San Francisco The City and County of San Francisco Human Services Agency The Coalition of Welfare Rights Organizations The Ella Baker Center for Human Rights Treasure Island Homeless Development Initiative United Way Capitol Region Assets & Opportunity United way of the Bay Area United Ways of California Urban Strategies Council 2 Individuals Oppose: None. -- END -