BILL ANALYSIS                                                                                                                                                                                                    





                                                                  AB 324

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          GOVERNOR'S VETO
          AB 324 (Beall)
          As Amended  September 3, 2009
          2/3 vote

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          |ASSEMBLY:  |53-21|(June 3, 2009)  |SENATE: |26-14|(September 8,  |
          |           |     |                |        |     |2009)          |
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          |ASSEMBLY:  |60-17|(September 10,  |        |     |               |
          |           |     |2009)           |        |     |               |
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          Original Committee Reference:    AGING & L.T.C.  

           SUMMARY  :  Requires the California Department of Aging (CDA) and  
          each area agency on aging (AAA) to utilize the Economic Security  
          Standard Index (Elder Index) in their service planning.   
          Specifically,  this bill  :  

          1)Requires CDA to report the Elder Index data for each service  
            area in its state plan, only if the Elder Index is updated and  
            made available to CSA.

          2)Specifies that each AAA's area plan must utilize the Elder  
            Index and identify which elders are living at or below the  
            Elder Index as well as specify the costs of meeting basic  
            needs for older adults in their respective planning and  
            service area (PSA), only if the Elder Index is updated and  
            made available to each AAA.

          3)Specifies that this bill shall not be construed to mandate  
            changes in the current funding allocations to AAAs or  
            construed, based on the use of the Elder Index, to affect  
            means-tested programs administered by CDA through the  
            Mello-Granlund Older Californians Act.

          4)Defines "Elder Economic Security Standard Index" to mean an  










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            index that quantifies the costs that elders face in meeting  
            their basic needs, including food, shelter, health care,  
            transportation, utilities, and essential household items in  
            the private market.  

           The Senate amendments  :

          1)Delete the requirement for CDA to annually update the Elder  
            Index as well as the requirement that AAAs annually update the  
            Linkages Program intake form to include the most current Elder  
            Index

          2)Specify, explicitly, that this bill shall not be construed,  
            based on the use of the Elder Index, to affect means-tested  
            programs administered by CDA through the Mello-Granlund Older  
            Californians Act.  

          AS PASSED BY THE ASSEMBLY  , this bill required CDA to update the  
          Elder Index and AAAs to use the Elder Index in their service  
          planning.  Specifically,  this bill  :  

          1)Redefined "greatest economic need" to mean the need resulting  
            from an income level at or below thresholds established by the  
            Elder Index instead of using the poverty threshold established  
            by the United States (U.S.) Census Bureau.

          2)Required CDA to report the Elder Index data for each service  
            area in its state plan as part of the overall data and  
            population trends used to develop programs and policies.

          3)Required CDA to annually update the Elder Index for each  
            county in California, using the methodology developed for the  
            2008 Elder Index, beginning in 2010 and calculate the number,  
            percentage, and demographic profile of older adults living  
            below the Elder Index.  

          4)Required CDA to analyze the number and percentage of older  
            adults living below the updated Elder Index for that year by  
            county, race, ethnicity, gender, age, housing situation, and  
            other relevant demographic factors.











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          5)Allowed CDA to contract with the office of the President of  
            the University of California to modify the Elder Index for  
            California and update the demographic and financial data.

          6)Specified that each AAA's area plan must utilize the Elder  
            Index and identify which elders are living at or below the  
            Elder Index as well as specify the costs of meeting basic  
            needs for older adults in their respective PSA.

          7)Required AAAs to annually update the Linkages Program intake  
            form to include the most current Elder Index adopted by CDA in  
            order to identify older adults in economic need and refer them  
            to other resources and programs.

          8)Specified that this bill shall not be construed to mandate  
            changes in the current funding allocations to AAAs.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, a fiscal impact of $30,000 in fiscal year (FY)  
          2009-10, $60,000 in FY 2010-11, and $60,000 in FY 2011-12, all  
          in private funds.  Unknown, but potentially in the hundreds of  
          thousands of dollars for CDA administration, eventually offset  
          by private donations, and unknown cost pressures on state  
          means-tested programs, but potentially in the millions of  
          dollars annually.  However, the fiscal estimate is based on a  
          prior version of the bill and while the impact has changed with  
          subsequent amendments deleting the language requiring private  
          funds, updated information is not available at this time.  

           COMMENTS  :  Research has shown that 495,000 older Californians  
          living alone in 2007 could not make ends meet - lacking  
          sufficient income to pay for even a minimum level of housing,  
          food, health care, transportation and other basic expenses.  

          Proponents argue that policymakers struggle to create effective  
          policies to promote economic security and eradicate poverty  
          because they do not have an accurate picture of what it really  
          takes to make ends meet in today's economy.  Policymakers  
          typically measure poverty and determine benefits eligibility by  
          using the federal poverty guidelines (FPG), a measure based  
          solely on the cost of a bare-bones food diet.  Although the FPG  










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          is updated annually using the Consumer Price Index, the 2008 FPG  
          is the same dollar amount ($10,400 for an individual living  
          alone) whether one lives in a high cost market like urban Los  
          Angeles, or a low cost region like rural Arkansas.

          In response to the shortcomings of the FPG, The Insight Center  
          for Community Economic Development led the effort to create the  
          California Elder Index which sets a new benchmark of income  
          adequacy for older adults.  According to proponents, it provides  
          the true cost of meeting basic needs and maintaining  
          independence in the community.  The Elder Index methodology uses  
          national and state data sources, including the Census Bureau and  
          the U.S. Department of Housing and Urban Development, and  
          reveals that in California, the FPG covers less than half of the  
          basic costs experienced by older adults.  

          Both CDA and local AAAs include demographic data, including  
          poverty statistics, in the state and area plans, respectively.   
          While programs and services administered by CDA and the AAAs do  
          not require means-testing for eligibility, the federal Older  
          Americans Act requires that preference be given to older adults  
          with the greatest economic or social needs, with particular  
          attention given to low-income minority individuals.  To meet the  
          federal requirements, CDA and AAAs track data, including poverty  
          data, on the number of older adults and people with disabilities  
          within a given PSA, but enrollment in programs is not restricted  
          to those who fall below a certain threshold, with the exception  
          of programs that use Medi-Cal funds.  This bill will not change  
          eligibility for any of the programs administered by CDA or the  
          AAAs.
           
          GOVERNOR'S VETO MESSAGE  :

          "While I appreciate the author and sponsors' interest in better  
          refining their planning and service levels for the seniors in  
          their communities, this bill is unnecessary.  Local agencies can  
          already use the specific index defined by this bill in their  
          planning efforts.  Furthermore, this bill would create General  
          Fund cost pressures at a time when there is no ability to  
          increase service levels."











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          Analysis Prepared by  :    Allison Ruff / AGING & L.T.C. / (916)  
          319-3990



                                                                  FN:  
          0003279