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  
          ---------------------------
          <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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