BILL ANALYSIS Ó SENATE COMMITTEE ON HUMAN SERVICES Senator McGuire, Chair 2015 - 2016 Regular Bill No: AB 2057 ----------------------------------------------------------------- |Author: |Mark Stone | ----------------------------------------------------------------- |----------+-----------------------+-----------+-----------------| |Version: |May 27, 2016 |Hearing | June 14, 2016 | | | |Date: | | |----------+-----------------------+-----------+-----------------| |Urgency: |No |Fiscal: |Yes | ---------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Taryn Smith | |: | | ----------------------------------------------------------------- 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 AB 2057 (Mark Stone) PageB of? 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.) AB 2057 (Mark Stone) PageC of? 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. AB 2057 (Mark Stone) PageD of? 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 AB 2057 (Mark Stone) PageE of? 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 AB 2057 (Mark Stone) PageF of? 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. AB 2057 (Mark Stone) PageG of? 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 --------------------------- <1> http://www.caloes.ca.gov/GrantsManagementSite/Documents/2016%20JL BC%20Report.pdf#search=domestic%2520violence%2520statistics AB 2057 (Mark Stone) PageH of? 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 ----------------------------------------------------------------- |Assembly Floor: |80 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Appropriations Committee: |20 - | | |0 | |-----------------------------------------------------------+-----| |Assembly Human Services Committee: |7 - | | |0 | ----------------------------------------------------------------- POSITIONS AB 2057 (Mark Stone) PageI of? 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 -- END --