BILL ANALYSIS Ó
SENATE COMMITTEE ON HUMAN SERVICES
Senator McGuire, Chair
2015 - 2016 Regular
Bill No: AB 2057
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|Author: |Mark Stone |
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|Version: |May 27, 2016 |Hearing | June 14, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Taryn Smith |
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Subject: CalFresh: victims of domestic violence
SUMMARY
This bill authorizes CalFresh recipients who are residents of,
or on a waiting list to get into, a shelter for battered women
and children to receive expedited CalFresh services if the
abuser is part of the CalFresh household. The bill also requires
the California Department of Social Services (CDSS) to provide
information on expedited services targeted to victims of
domestic violence, and requires each county human services
agency annually to offer training on CalFresh application
procedures to domestic violence shelter operators. This bill
defers an individual who is a victim of domestic violence from
mandatory placement in Employment and Training (E&T).
ABSTRACT
Existing law:
1)Establishes under federal law 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 the levels of nutrition among low-income
households. It establishes SNAP eligibility requirements,
including income that is at or below 130 percent of the
federal poverty level and is a substantial limiting factor in
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permitting a recipient to obtain a more nutritious diet. (7
CFR 271.1; 7 CFR 273.9)
2)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.)
3)Establishes in the Electronic Benefits Transfer (EBT) Act a
system for the distribution and use of public assistance
benefits, such as CalFresh, and requires EBT access to be
provided through automated teller machines (ATMs),
point-of-sale devices and other devices that accept EBT
transactions. (WIC 10065 et seq.)
4)Requires CDSS to develop CalFresh information on expedited
services targeted to the homeless population, including
unaccompanied homeless children and youths and to make the
information available to homeless shelters, emergency food
programs, local educational agency liaisons for homeless
children and youths, and other community agencies that provide
services to homeless people, as specified. (WIC 18904.25)
5)Requires a county human services agency to screen all CalFresh
applicants for entitlement to expedited services and to
authorize immediate issuance of CalFresh benefits within a
certain amount of time, as specified. (WIC 18914)
6)Establishes within CalFresh the voluntary federal Employment
and Training (E&T) program to assist members of CalFresh
households in gaining skills, training, work, or experience
that will increase their ability to obtain regular employment.
(7 Code of Federal Regulations 273.7, WIC 18926.5)
7)Requires a county welfare department at the time of
application to determine whether the applicant needs immediate
assistance because the applicant does not have sufficient
resources to meet his or her emergency needs and whether the
applicant is apparently eligible for aide, as specified. (WIC
11266 et seq.)
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This bill:
1)Requires CDSS to develop CalFresh information on expedited
services, as specified, for victims of domestic violence.
2)Adds domestic violence shelters to the list of entities where
information regarding CalFresh expedited services is required
to be made available.
3)Requires each county human services agency to offer annual
training on CalFresh application procedures to domestic
violence shelter operators, to include eligibility criteria
and specific information regarding the eligibility of victims
of domestic violence.
4)Requires each county human services agency to provide domestic
violence shelters with a supply of CalFresh applications used
to request expedited CalFresh services, if requested by the
shelter.
5)Requires that a victim of domestic violence who is currently a
part of a certified household that also contains the abuser,
and who is a resident of, or an individual on a waiting list
to get into, a shelter for battered women and children shall
be entitled to receive expedited CalFresh benefits as a
separate household, to the extent permitted by federal law,
regulations, waivers, and directives.
6)Defines "shelter for battered women and children" to have the
same meaning as provided in Section 271.2 of Title 7 of the
Code of Federal Regulations.
7)Exempts CalFresh recipients who are victims of domestic
violence from the CalFresh Employment and Training program.
8)Makes other technical changes.
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FISCAL IMPACT
According to an analysis prepared by the Assembly Appropriations
Committee, this bill may result in unknown, likely moderate
administrative costs (Federal/General Fund/County) to CDSS to
develop and provide information on CalFresh expedited services
to domestic violence shelters, including up to $100,000 for IT
modifications to accommodate new eligibility criteria.
Additionally, the bill may create unknown, potentially
reimbursable mandate costs to counties to provide information
and annual training to domestic violence shelter operators on
CalFresh application procedures and services. Assuming each
county spent $2,000 for this task, statewide costs would be
$116,000 annually.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, an individual who is a CalFresh
recipient and a victim of domestic violence may share a CalFresh
case file with his or her abuser. In such cases, when both the
victim and the abuser share a CalFresh account, the abuser would
have access to the location of CalFresh transactions which could
place the victim in dangerous situation, per the author. Under
these circumstances, the victim might not access benefits
because he or she may need to say hidden from the abuser;
however, the victim still needs access to a CalFresh account to
be able to eat, according to the author. This bill will allow
CalFresh recipients who are also domestic violence victims to
receive expedited services so they can quickly access a new
CalFresh account and receive their entitled replacement benefits
as soon as possible, per the author.
Food Insecurity
Nationally, the USDA reported an estimated 14 percent of
American households were food insecure at least some time during
the year in 2014, meaning they lacked access to enough food for
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an active, healthy life for all household members.
According to data from the California Health Interview Survey
(CHIS), at least 4 million low-income Californians struggled
with food insecurity during 2011-12. A research brief published
in 2012 by UCLA's Center for Health Policy Research and the
California Food Policy Advocates noted that in 2009, at the
height the Recession, more than four in 10 Californian adults,
roughly 3.8 million people, who were at or below 200 percent of
the Federal Poverty Level suffered from food insecurity. Of
those, more than one third - 1.4 million people - reported very
low food security. This is defined as having to cut back on
food. Nationally, about 5.7 percent of Americans suffered from
very low food security.
CalFresh
CalFresh provides monthly benefits to assist low-income
households in purchasing food or food product intended for human
consumption. CalFresh benefits are 100% federally funded and
national eligibility standards and benefit levels are
established by the federal government. To participate in
CalFresh, households must meet certain income-eligibility
standards. The average monthly benefit for a CalFresh recipient
in federal fiscal year 2015 was $126.83 per month, or $4.23 per
day, according to the USDA. Households who receive or are
eligible to receive cash assistance under CalWORKs or General
Assistance/General Relief programs are categorically eligible
for CalFresh.
CalFresh currently serves approximately 4.4 million people,
according to USDA data. Nonetheless, California's participation
rate has been ranked last or near last in the country for years,
prompting concerns from the USDA, stories in the state's
newspapers and two Legislative hearings in 2014.
Monthly benefits are issued through an ATM-like electronic
benefits transfer (EBT) card. However, unlike other types of
benefits that may be accessed through an EBT card, CalFresh
benefits cannot be withdrawn in cash at point-of-sale terminals
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or at ATM machines. CalFresh benefits can only be used to
purchase food items to be prepared and consumed at home, as well
as seeds and plants that can be grown at home and produce food.
CalFresh Expedited Services
CalFresh recipients and applicants can obtain expedited service
if the household meets one of the following criteria:
Has less than $150 in monthly gross income and liquid
resources of $100 or less; or
Migrant or seasonal farm workers who are destitute; or
Combined monthly gross income and liquid resources which are
less than the household monthly rent or mortgage and
utilities.
Expedited CalFresh applicants go through the same process as all
others, but not all information has to be verified before
benefits are issued. Expedited CalFresh benefits are made
available no later than the third calendar day following the
date the application was filed.
CalFresh Employment and Training Program (E&T)
The E&T Program is California's employment and training program
for Non-assistance CalFresh applicants and recipients.
Non-assistance recipients are those who receive CalFresh
benefits each month but do not receive a monthly cash grant
under the CalWORKs Program. CalFresh E&T was developed in order
to comply with federal legislation which requires states to
establish employment and training programs for persons receiving
SNAP benefits. Participants can be assigned to a variety of
activities, which include job club, job search, workfare, and
basic education, among others.
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Federal law requires that California must have an E&T program,
but counties have the discretion about whether to offer the
program to non-assisted CalFresh clients. According to CDSS,
26 counties currently offer E&T under which it is mandatory for
select CalFresh recipients to participate, unless they are
exempt or temporarily deferred. Currently, only military
veterans are permanently exempted from mandatory E&T. Deferrals
are provided on a case-by-case basis for those who are incapable
of working, or are already working a minimum of 30 hours a week,
among other things. Those who qualify for an exemption or
deferral may still participate on a voluntary basis.
CDSS estimates a caseload of 1,989,447 for Non-assistance
CalFresh households in Fiscal Year 2016-17.
Domestic Violence Shelter Statistics
According to a report issued by California's Office of Emergency
Services, 16,793 domestic violence victims and children were
given emergency shelter in one of about 80 California shelters
in Fiscal Year 2014-15. Additionally, 22,948 domestic violence
victims and their children were provided emergency food and
clothing.<1>
According to CDSS, more than 16,500 CalWORKs clients were
identified as potential victims of domestic abuse, related
conflicts, or other safety concerns from July 2015 through May
2016. There is no data available on how many CalFresh recipients
are given emergency shelter due to domestic violence.
Related legislation:
AB 309 (Mitchell, Chapter 97, Statutes of 2013) clarified that
there is no minimum age requirement for CalFresh eligibility and
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<1>
http://www.caloes.ca.gov/GrantsManagementSite/Documents/2016%20JL
BC%20Report.pdf#search=domestic%2520violence%2520statistics
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requires information and training about CalFresh that is
developed for the homeless to include information about
unaccompanied homeless children, as specified. It also requires
county welfare departments to determine eligibility of benefits
of an unaccompanied minor without delay and to notify the child
or youth in writing of the reason, if the application is denied.
SB 134 (Hueso, Chapter 283, Statutes of 2013) requires
participating counties to exempt from the CalFresh E&T program a
veteran who has been honorably discharged from the United States
Armed Forces.
PRIOR VOTES
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|Assembly Floor: |80 - |
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|Assembly Appropriations Committee: |20 - |
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|Assembly Human Services Committee: |7 - |
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POSITIONS
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Support:
California Partnership to End Domestic Violence
(Co-Sponsor)
Western Center on Law and Poverty (Co-Sponsor)
Women's Policy Institute (Co-sponsor)
ACT for Women and Girls
Alliance Against Family Violence and Sexual Assault
Asian Women's Shelter
Black Women for Wellness
California Food Policy Advocates
Center for Community Solutions
Center for Domestic Peace
Coalition of California Welfare Rights Organizations, Inc.
Community Overcoming Relationship Abuse (CORA)
DOVES of Big Bear Valley
Family Violence Law Center
Feeding America San Diego
Filipina Women's Network (FWN)
Food Access Coalition
Healthy Communities, Inc.
Hunger Action Los Angeles
Jenesse Center, Inc.
Jewish Family Service of Los Angeles (JFSLA)
Legal Aid Society
Next Door Solutions to Domestic Violence
Positive Women's Network
Project MANA
South Asian Network
YWCA of Glendale
Tahoe SAFE Alliance
3 individuals
Oppose:
None
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