BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2099


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          Date of Hearing:  March 29, 2016


                        ASSEMBLY COMMITTEE ON HUMAN SERVICES


                                Susan Bonilla, Chair


          AB 2099  
          (Mark Stone) - As Amended March 28, 2016


          SUBJECT:  Safe drinking water assistance program


          SUMMARY:  Provides for safe drinking water assistance to be made  
          available to specified individuals via the electronic benefits  
          transfer (EBT) system.


          Specifically, this bill:  


          1)Makes a number of Legislative findings and declarations  
            regarding barriers to safe, clean, and affordable drinking  
            water faced by many Californians, and the effectiveness and  
            efficiency of the EBT system in delivering assistance to  
            individuals and households.


          2)Requires the Department of Social Services (DSS) to establish  
            and administer a process for delivering interim emergency  
            drinking water assistance to households that are both of the  
            following:


             a)   Low-income, as determined through participation in a  
               means-tested public assistance program, as specified; and








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             b)   Lacking adequate access to safe drinking water because  
               they are one of the following: served by noncompliant small  
               water systems in disadvantaged communities, located in  
               communities deemed eligible for interim emergency drinking  
               water benefits, or have private wells with active outages  
               or water supply problems, as specified.


          3)Requires DSS to utilize a computerized data-matching system  
            using existing databases, as specified.


          4)Requires DSS to deliver the benefits through the EBT system,  
            to the extent allowable under state and federal law.


          5)Requires the process to be funded from existing drought  
            response resources allocated for interim water assistance, and  
            further requires DSS, in consultation with specified entities,  
            to identify existing resources.


          6)Stipulates that the benefits shall be in addition to the  
            California Work Opportunity and Responsibility to Kids  
            (CalWORKs) program and shall not be considered as income or  
            resources for any other program established under the Welfare  
            and Institutions Code.


          EXISTING LAW:  


          1)Establishes the Electronic Benefits Transfer (EBT) Act, and  
            defines the EBT system as the program designed to provide  
            benefits to those eligible to receive public assistance  
            benefits such as CalWORKs and CalFresh.  (WIC 10065 et seq.)









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          2)Establishes the Water Quality, Supply, and Infrastructure  
            Improvement Act of 2014.  (WAT 79700 et seq.)


          3)Provides funding pursuant to the Water Quality, Supply, and  
            Infrastructure Improvement Act of 2014 to address the critical  
            and immediate needs of disadvantaged, rural, or small  
            communities that suffer from contaminated drinking water  
            supplies, including, but not limited to, projects that address  
            a public health emergency.  (WAT 79720 et seq.)


          4)Defines "disadvantaged community" for the purposes of various  
            sections of state Water Code to mean a community with an  
            annual median household income that is less than 80% of the  
            statewide annual median household income.  (WAT 79505.5)


          5)Requires the Office of Systems Integration within DSS to  
            implement a statewide automated welfare system (SAWS) for  
            specified public assistance programs.  (WIC 10823)


          FISCAL EFFECT:  Unknown.


          COMMENTS:  


          Electronic Benefit Transfer (EBT):  EBT is an electronic system  
          that automates the delivery, redemption, and reconciliation of  
          issued public assistance benefits such as CalWORKs.  EBT is also  
          the method for distributing Cal Fresh benefits (formerly known  
          as Food Stamps and currently known federally as Supplemental  
          Nutrition Assistance Program (SNAP)).  EBT is currently used in  
          all 50 states.  In California, CalWORKs and CalFresh recipients  
          access their benefits via what has been named the Golden State  
          Advantage EBT card.  As with a bank-issued automated teller  








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          machine (ATM) card, the cardholder slides this card through a  
          point-of-sale (POS) device, or uses the card at an ATM.


          Access to safe drinking water for low-income households:   
          Infrastructure failures, polluted water sources, and the drought  
          all contribute to decreased access to adequate drinking water.   
          Small, disadvantaged communities face particular challenges with  
          inadequate drinking water supplies.  According to the Public  
          Policy Institute of California (PPIC), "several recent studies  
          indicate that a lack of access to safe drinking water in poor,  
          rural communities is a serious problem.  Small water systems  
          generally rely on groundwater supplies.  They have little  
          ratepayer capacity and high unit costs for supplying safe piped  
          drinking water to households, and they are often in areas where  
          groundwater is highly contaminated."


          The state has taken a number of steps in the wake of the drought  
          to help ensure that low-income households can obtain safe  
          drinking water; these have included interim measures such as:  
          the State Water Resources Control Board approving funds to  
          repair wells and supply bottled water and filtration devices,  
          among other services; the Office of Emergency Services providing  
          emergency drinking water; and the Department of Water Resources  
          working on finding longer-term solutions to assist with the  
          drinking water shortage.  However, California Food Policy  
          Advocates, the sponsors of this bill, point to the gap left by  
          these current efforts, stating that, among other things the slow  
          implementation and the often longer-term, infrastructure-focused  
          approaches can lead to somewhat uneven and limited access to  
          emergency drinking water assistance.  This bill, they contend,  
          helps fill that gap because it provides an individual  
          household-level, easy-to-access benefit that a family can access  
          when it is needed in a given month.


          Need for this bill:  According to the author, this bill  
          "represents a temporary, interim solution to upholding the right  








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          of all Californians to have safe drinking water.  The  
          Legislature has taken several necessary steps to make long-term  
          improvements to water delivery and water quality infrastructure.  
           Yet over a million Californians continue to live in households  
          where their tap water is so contaminated that no one can drink  
          it, and thousands of Californians live in homes where there  
          simply is no water to use - their wells dried up during the  
          drought.  When families can no longer trust their municipal  
          water systems or private wells to access enough clean water,  
          they must rely on local utilities delivering water, private  
          companies or charities donating water, or their own ability to  
          purchase bottled water.  


          With California's poverty rate at 16%, many Californians must  
          choose between using contaminated water and expending their own  
          scarce resources to pay for clean water.  And it should come as  
          no surprise that inadequate drinking water supplies  
          disproportionately burden people living in poverty, communities  
          of color, homeless people, indigenous peoples, and residents of  
          unincorporated areas.


          Since the onset of the drought, the state has taken several  
          measures to help ensure that low-income households can access  
          adequate drinking water supplies.  Sadly, these interim measures  
          have not met the needs of all low-income Californians with  
          inadequate drinking water supplies.  


          Ultimately, the best way to address the crisis of inadequate  
          drinking water supplies across the state is by investing in  
          several expensive, long-term solutions, including upgrading  
          existing infrastructure, improving water use efficiency and  
          conservation, improving water treatment, and carefully  
          monitoring and minimizing the use of contaminated water  
          supplies.  In the meantime, though, poor people need and deserve  
          to access clean and safe drinking water.









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          [This bill] provides temporary relief to struggling families who  
          live in homes with inadequate drinking water supplies by  
          offsetting the cost of bottled water during the interim wait for  
          long-term water supply infrastructure upgrades.  The measure  
          allows impoverished families and who live in a community or home  
          with insufficient, contaminated, or otherwise unsafe drinking  
          water supplies to access a small supplemental cash benefit for  
          purchasing water.  [This bill] adds an additional means of  
          reaching additional families who need safe drinking water, and  
          it would become part of an already broad state response to  
          California's drinking water crisis." 


          Staff comments:  The policy objective of this bill is clear, and  
          it is important:  providing vulnerable populations with access  
          to safe drinking water is arguably an imperative goal - and  
          unfortunately, a persistent challenge -  for the state.  However  
          this bill, as written, necessarily raises questions regarding  
          the ability of the SAWS and EBT system to deliver the proposed  
          benefit to all intended recipients.  There remain questions  
          about proper identification of all eligible households and, upon  
          identification, seamless delivery of benefits to those  
          individuals.


          While the bill currently establishes a framework for identifying  
          eligible households, it doesn't define roles and  
          responsibilities for the various entities involved (including,  
          at least, DSS, the State Water Resources Control Board, and the  
          Department of Water Resources).  More importantly, however, is  
          the question about how the benefit will be delivered to  
          individuals who may be eligible per the bill's requirements, but  
          not in possession of an EBT card.  For example, if an individual  
          is a Medi-Cal participant, but doesn't participate in any other  
          means-tested programs, he or she would both be eligible for the  
          benefit proposed by this bill, but also lacking an EBT card, and  
          therefore a means for readily accessing this benefit.  This type  
          of probable scenario highlights some of the issues, and lack of  








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          clear direction, inherent in the current design of this benefit  
          as put forth by the bill.


          Recommended amendments:  To address the above concerns, with the  
          goal of developing an easily-implemented and fully-accessible  
          benefit, committee staff recommends establishing a workgroup to  
          develop recommendations regarding the design and implementation  
          of the benefit proposed by this bill, and therefore, committee  
          staff recommends the following amendments: 


             1)   Strike lines 29 through 40 on page 3 of the bill, and  
               pages 4 and 5, inclusive.


             2)   After line 28 on page 3 of the bill, insert:


          18997  
             (a)  The Department of Social Services shall convene a  
               workgroup by February 1, 2017,    to develop  
               recommendations for delivering a water benefit to  
               supplement the purchase of drinking water for low-income  
               households with inadequate access to safe drinking water.

             (b)  The water benefit to be developed shall do all of the  
               following:

               (1)    Be made available to low-income households with  
                 limited access to safe drinking water including, but not  
                 limited to: households served by noncompliant small water  
                 systems in disadvantaged communities, as defined in  
                 Section 79505.5 of the Water Code; households located in  
                 communities deemed eligible for interim emergency  
                 drinking water benefits by the State Water Resources  
                 Control Board; and households whose private wells have  
                 active outages or water supply problems as determined by  
                 the Department of Water Resources.








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               (2)    To the extent possible, be made available via the  
                 electronic benefits transfer system.

               (3)    To the extent possible, be funded from existing  
                 emergency drought response resources allocated for  
                 interim water assistance.

             (a)  The workgroup shall consist of representatives from all  
               of the following entities:

               (1)    Department of Social Services
               (2)    State Water Resources Control Board
               (3)    Department of Water Resources
               (4)    Office of Emergency Services
               (5)    County Welfare Directors Association of California
               (6)    Food policy advocates
               (7)    Other community advocates, as applicable

             (a)  The workgroup shall develop recommendations to include  
               the following:

               (1)    The design of the benefit.

               (2)    An implementation plan for identification of  
                 eligible households and delivery of the benefit to those  
                 households.

               (3)    Possibilities for interim or permanent adoption and  
                 implementation of the benefit through regulations,  
                 all-county letters, or related.

             (a)  The Department of Social Services shall produce a report  
               with recommendations for the Legislature and the  
               Administration by July 1, 2017.

           DOUBLE REFERRAL  .  This bill has been double-referred.  Should  
          this bill pass out of this committee, it will be referred to the  
          Assembly Environmental Safety and Toxic Materials Committee.








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          CA4Health


          California Association of Food Banks


          California Center for Public Health Advocacy (CCPHA)


          California Food Policy Advocates (CFPA) - sponsor


          California Primary Care Association (CPCA)


          California Retailers Association


          California Rural Legal Assistance Foundation (CRLAF)


          Coalition of California Welfare Rights Organizations (CCWRO) 


          Community Clinic Association of Los Angeles (CCALAC)


          Community Health Councils 








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          Community Water Center 


          Leadership Counsel for Justice and Accountability


          Orange County Food Access Coalition 


          Rural Community Assistance Corporation 


          Sacramento Hunger Coalition (SHC) 


          St. Anthony Foundation


          The Environmental Justice Coalition for Water 





          Opposition





          None on file.




          Analysis Prepared by:Daphne Hunt / HUM. S. / (916) 319-2089









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