BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2057|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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THIRD READING
Bill No: AB 2057
Author: Mark Stone (D), et al.
Amended: 8/19/16 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 4-0, 6/14/16
AYES: McGuire, Hancock, Liu, Nguyen
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote
SUBJECT: CalFresh: victims of domestic violence
SOURCE: California Partnership to End Domestic Violence
Western Center on Law and Poverty
Women's Policy Institute
DIGEST: 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. This
bill also requires the California Department of Social Services
(CDSS) to provide information on expedited services targeted to
victims of domestic violence. This bill defers an individual
who is a victim of domestic violence from mandatory placement in
Employment and Training (E&T).
Senate Floor Amendments of 8/19/16 correct a drafting error that
deleted existing law that requires homeless shelter operators to
receive specified training on CalFresh application procedures.
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The amendments reinstate the previously deleted language.
ANALYSIS:
Existing law:
1)Establishes under federal law the Supplemental Nutrition
Assistance Program (SNAP) within the U.S. 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
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 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 that each county welfare department shall annually
offer training on CalFresh application procedures to homeless
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shelter operators, as specified. In addition, each county
welfare department, upon request, shall provide homeless
shelters with a supply of that portion of the CalFresh
application used to request CalFresh expedited service. (WIC
18904.25 (b))
6)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)
7)Establishes within CalFresh the federal 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)
8)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.)
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 provide domestic
violence shelters with a supply of CalFresh applications used
to request expedited CalFresh services, if requested by the
shelter.
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4)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 is 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.
5)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.
6)Exempts CalFresh recipients who are victims of domestic
violence from the CalFresh Employment and Training program.
7)Makes other technical changes.
Background
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
an active, healthy life for all household members.
According to data from the California Health Interview Survey,
at least four 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
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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.
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
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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 E&T Program
The E&T Program is California's employment and training program
for CalFresh applicants and recipients who 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.
Federal law requires that California must have an E&T program,
but counties have the discretion about whether to offer the
program to non-CalWORKs assisted CalFresh clients. According to
CDSS, 26 counties currently offer E&T, and in those counties 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-CalWORKs assisted
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CalFresh households in Fiscal Year 2016-17.
Domestic Violence Shelter Statistics
According to a report issued in February 2016 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.
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/Prior Legislation
AB 309 (Mitchell, Chapter 97, Statutes of 2013) clarified that
there is no minimum age requirement for CalFresh eligibility and
requires information and training about CalFresh that is
developed for the homeless to include information about
unaccompanied homeless children, as specified. It also required
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) required
participating counties to exempt from the CalFresh E&T program a
veteran who has been honorably discharged from the United States
Armed Forces.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
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Potentially significant increase in CalFresh benefits and
state-reimbursable administration costs. (Federal/GF)
Unknown, but likely significant administrative costs to CDSS
to develop materials and provide information on CalFresh
expedited services to domestic violence shelters. (Federal/GF)
Approximately $100,000 to CDSS for information technology
modifications to accommodate new eligibility criteria.
(Federal/GF)
SUPPORT: (Verified8/15/16)
California Partnership to End Domestic Violence (co-source)
Western Center on Law and Poverty (co-source)
Women's Policy Institute (co-source)
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
Family Assistance Program
Family Violence Law Center
Feeding America San Diego
Filipina Women's Network
Food Access Coalition
Healthy Communities, Inc.
Healthy Communities, Inc.
Hunger Action Los Angeles
Jenesse Center, Inc.
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Jewish Family Service of Los Angeles
Legal Aid Society
Next Door Solutions to Domestic Violence
Positive Women's Network
Project MANA
South Asian Network
Tahoe SAFE Alliance
YWCA of Glendale
3 individuals
OPPOSITION: (Verified8/15/16)
None received
ARGUMENTS IN SUPPORT: 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.
ASSEMBLY FLOOR: 80-0, 6/1/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
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Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,
Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
Prepared by: Taryn Smith / HUMAN S. / (916) 651-1524
8/22/16 22:41:45
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