BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2004
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 2004 (Beall) - As Amended:  April 20, 2010 

          Policy Committee:                              Human  
          ServicesVote:4 - 1 

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires the Department of Social Services (DSS) to  
          create a civic works employment program that would be funded  
          with Temporary Assistance for Needy Families (TANF) - Emergency  
          Contingency Funds (ECF). Specifically, this bill: 

          1)Requires DSS to "launch" a civic works employment program in  
            at least five counties, within four weeks of any federal  
            extension of TANF - ECF.

          2)Requires DSS to work collaboratively with county governments  
            to identify local and state infrastructure projects that can  
            be completed by persons participating in a TANF - ECF wage  
            subsidy program. 

          3)Requires DSS to issue any necessary all county letters or  
            other instructions to clarify eligibility criteria and provide  
            a framework for a wage subsidy program using TANF - ECF, as  
            specified.

          4)States that it is the intent of the Legislature that all  
            Californians benefit from TANF - ECF funding. 

           FISCAL EFFECT  

          1)Currently, 45 counties are using TANF - ECF funding to provide  
            an enhanced subsidized employment program.  By the end of the  
            fiscal year, they anticipate spending approximately $134  
            million on subsidized employment. Assuming the 13 remaining  
            counties create similarly robust subsidized employment  
            programs through DSS guidance and technical assistance, it  








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            would result in an additional $31 million in TANF - ECF  
            spending and would require a state or county investment of  
            $7.8 million.

            Current estimates suggest that the state will be spending over  
            $1 billion of that money in 2009-10 and 2010-11 (at least $500  
            million each year on CalWORKs grants alone). If the deadline  
            for expending TANF - ECF funding is extended, California will  
            be able to draw down its full share of TANF - ECF, regardless  
            of this legislation.

            In addition, CalWORKs currently allows counties great  
            flexibility in designing employment programs that they deem  
            will best meet the specific needs of their CalWORKs  
            participants. By requiring the development of a public works  
            subsidized employment program, this legislation could result  
            in a diversion of funds that could otherwise be used in an  
            arguably more effective way to serve participants.

          2)State workload costs associated with identifying  
            infrastructure projects, developing county guidance on  
            subsidized employment programs, and creating a civic works  
            subsidized employment program would likely exceed $750,000 GF.  


          3)It is unclear from the author's intent language how he intends  
            for all Californians to benefit from TANF - ECF funding;  
            whether he intends for all Californians to receive some sort  
            of cash stipend or is referring to the societal benefit  
            associated with providing jobs for those who are currently  
            unemployed. If the intent is to provide cash assistance to all  
            Californians, it would result in a significant redirection for  
            TANF - ECF from the CalWORKs program and would not be  
            allowable under federal law. 

           COMMENTS  

           1)Purpose  . This bill is intended to create a subsidized public  
            works employment program for CalWORKs recipients using TANF -  
            ECF money.  The bill would further require that at least five  
            counties participate in the program. Though 47 of 58 counties  
            are currently running subsidized employment programs, the  
            author is concerned that not all counties have drawn down TANF  
            - ECF funding for subsidized employment. By requiring the  
            creation of a new program and providing technical assistance  








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            to counties to help them set up programs, the author hopes  
            that CalWORKs participants in the remaining counties will be  
            able to benefit from a subsidized employment program.

           2)TANF Contingency Fund  . On February 17, 2009, the president  
            signed the American Recovery and Reinvestment Act of 2009  
            (ARRA), which establishes the Emergency Contingency Fund for  
            State TANF Programs (ECF). This legislation provides up to $5  
            billion to help states, territories, and tribes in federal  
            fiscal years 2009 and 2010 that have an increase in assistance  
            caseloads or in certain types of expenditures. 

            States can request grants from this fund if they meet any of  
            the following eligibility requirements:

             a)   Caseload increases and increased expenditure on basic  
               assistance.
             b)   Increased expenditures related to non-recurrent,  
               short-term benefits.
             c)   Increased expenditures for subsidized employment.

            States will receive 80% federal funding for any expenditures  
            that meet the ECF criteria. 

            According to the United States Department of Health and Human  
            Services, California is eligible for up to $1.8 billion in  
            TANF emergency contingency funds over the two-year period,  
            should increased expenditures justify the funding.  In  
            addition, states are hoping that TANF - ECF will be extended  
            an additional year, to 2011, to allow states the opportunity  
            to draw down more of their available funding. Currently,  
            congress is working to include that extension in a jobs bill  
            that would also extend unemployment benefits. 
           
          3)Committee Concerns  . As written this legislation would require  
            DSS to develop and implement a civic works employment program  
            in five counties within four weeks of a federal extension of  
            TANF - ECF.  It is unlikely that a program of that complexity  
            could be created and implemented within a six-month time  
            period, much less within four weeks. 

            In addition, as written, this legislation would require DSS to  
            work with county governments to identify appropriate state and  
            local infrastructure projects that could benefit from  
            subsidized employment programs.  The author may wish to  








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            include CalTRANS, the state agency that oversees most  
            statewide infrastructure projects, in any effort to develop a  
            subsidized employment program that would involve their  
            projects. 

            Finally, the committee would recommend that the author delete  
            the intent language that states all Californians should  
            benefit from TANF - ECF. The intent and purpose of this  
            language is not clear.


           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081