BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 264 (Maienschein) - CalWORKs: temporary shelter assistance.
          
          Amended: June 12, 2014          Policy Vote: Human Services 4-0
          Urgency: No                     Mandate: Yes
          Hearing Date: June 23, 2014                             
          Consultant: Jolie Onodera       
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 264 would revise eligibility for both temporary  
          shelter and permanent housing assistance payments under the  
          CalWORKs Homeless Assistance Program, as follows:
               Deletes the requirement that 16 days of temporary shelter  
              assistance provided to families be used consecutively, and  
              would instead authorize eligible families to receive  
              temporary shelter assistance for up to a total of 16 days,  
              which may be used at any time while the family is receiving  
              aid. 
               Expands eligibility for permanent housing assistance  
              payments to families who have not previously received the  
              maximum allowable temporary shelter assistance (existing law  
              prohibits permanent housing assistance to families who have  
              previously received any amount of temporary shelter  
              assistance).
               Revises the exception for domestic violence cases  
              currently limited to two periods of not more than 16  
              consecutive days of temporary shelter assistance to any  
              number of periods for a maximum of 32 calendar days. 

          Fiscal Impact: 
              Potentially major ongoing costs for temporary shelter  
              assistance in the range of $2 million to $6 million (General  
              Fund) assuming an additional one to three additional days on  
              average are provided. Over 30,250 requests for temporary  
              shelter were approved in the last year, with an average of  
              10 days of assistance at an average daily cost of about $72.  
              These costs would be offset to some extent by reduced  
              payments to families who choose to retain a portion of the  
              16-day benefit for future use but do not subsequently use it  
              or no longer qualify. 
              Potentially significant costs in the hundreds of thousands  








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              to low millions of dollars (General Fund) for additional  
              payments of permanent homeless assistance for cases  
              previously ineligible and/or denied these payments due to  
              existing statute prohibiting payments to families in  
              previous receipt of any amount of temporary shelter  
              assistance. The average permanent housing assistance payment  
              was $850 over the past year, with over 1,625 denied requests  
              for assistance in one 12-month period alone. If half of the  
              denials would have been impacted by this bill, costs to  
              provide payments would be nearly $700,000. It is unknown how  
              many requests have been denied over the life of the Homeless  
              Assistance Program due to a family's previous receipt of  
              temporary shelter assistance payments of less than the  
              maximum 16 days, but it is likely significant. Additionally,  
              it is unknown how many more requests have not been submitted  
              due to recognition of the existing restriction on  
              eligibility.
              To the extent AB 1452 (Stone) 2014, which increases the  
              daily maximum homeless allowance for a family of four from  
              $65 to $75 per day, is enacted, the fiscal impact for  
              temporary shelter assistance noted above would be about 15  
              percent greater. 
              Unknown, potentially significant costs for automation  
              modifications required to enable the tracking of this  
              information.
              Ongoing state-reimbursable local costs (General Fund) for  
              county agencies to re-evaluate eligibility for temporary and  
              permanent housing assistance payments.

          Background: Existing law, with certain exceptions, provides  
          eligible families with a once-in-a-lifetime payment for homeless  
          assistance, including temporary housing assistance for one  
          period of up to 16 consecutive calendar days and one payment of  
          permanent housing assistance. A homeless assistance payment may  
          be granted for either, or both, temporary shelter or permanent  
          housing. 

          Existing law provides temporary shelter assistance in the amount  
          of $65 per day for a family of up to four people, with an  
          additional $15 per day provided for each additional family  
          member, subject to an overall maximum amount of $125 per day per  
          family. Assistance can only be used to pay for housing provided  
          in a commercial establishment, a shelter, or an established  
          rental property. In addition to families receiving CalWORKs, the  








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          temporary shelter payment is also available to homeless  
          applicants who are technically eligible, but not actually  
          enrolled, in the CalWORKs program.

          Existing law provides that any otherwise eligible Assistance  
          Unit (AU) that includes a parent or nonparent caretaker relative  
          living in the home who has previously received temporary shelter  
          assistance or permanent homeless assistance at any time on  
          behalf of an eligible child is not eligible for further homeless  
          assistance. 

          The exceptions to the once-in-a-lifetime availability of  
          temporary and permanent housing assistance are as follows:
               A family that becomes homeless as a direct and primary  
              result of a state or federally declared natural disaster.
               When homelessness is a direct result of domestic violence  
              by a spouse, partner, or roommate; physical or mental  
              illness, as specified; or the uninhabitability of the former  
              residence caused by sudden and unusual circumstances beyond  
              the control of the family including natural catastrophe,  
              fire, or condemnation. 

          Homeless assistance payments based on the circumstances above  
          are limited to not more often than once in any 12-month period.  
          If the domestic violence is verified by a sworn statement by the  
          victim, the homeless assistance payments are limited to two  
          periods of not more than 16 consecutive calendar days of  
          temporary assistance and two payments of permanent assistance. 

          Any AU applying for homeless assistance is required to be  
          informed that these benefits are limited to once-in-a-lifetime,  
          with exceptions. Additionally, any person who applies for  
          homeless assistance benefits must be informed that the temporary  
          shelter benefit of up to 16 consecutive days is available only  
          once in a lifetime, with certain exceptions, and that a break in  
          the consecutive use of the benefit constitutes permanent  
          exhaustion of the temporary benefit. (Welfare and Institutions  
          Code �11450 (f)(2)(E)(i))

          Proposed Law: This bill would expand the provision of temporary  
          shelter and permanent housing assistance to CalWORKs-eligible  
          families, as follows:
                 Eliminates the requirement that the temporary shelter  
               assistance be provided during one period of 16 consecutive  








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               days, and instead would limit the temporary shelter  
               assistance to a maximum of 16 calendar days in a lifetime.
                 Expands temporary shelter assistance to any family that  
               includes a parent or nonparent caretaker relative living in  
               the home who has not previously received the maximum  
               allowable temporary shelter assistance (instead of just a  
               portion of the total 16 days) or permanent homeless  
               assistance at any time on behalf of an eligible child.
                 In cases of domestic violence, deletes the requirement  
               that homeless assistance be provided no more than twice, in  
               two periods not to exceed 16 consecutive days, and instead  
               permits homeless assistance be provided to eligible  
               families for a total of 32 calendar days in a lifetime.

          This bill would require the DSS to implement the provisions of  
          the bill through an all-county letter or similar instructions no  
          later than April 1, 2015, and would require the DSS to adopt  
          regulations no later than July 1, 2016.

          Related Legislation: AB 1452 (Stone) 2014 would increase the  
          daily maximum homeless allowance for a family of four from $65  
          to $75 per day, and increase the maximum daily assistance for  
          larger families from $125 to $135. It would require that  
          homeless assistance benefits be included in annual  
          recalculations and cost-of-living adjustments for CalWORKs  
          benefits. This bill is scheduled to be heard on June 30, 2014,  
          in this Committee.
          
          Staff Comments: By eliminating the requirement that temporary  
          shelter assistance be limited to only one period of up to 16  
          consecutive days, and instead providing temporary shelter  
          assistance for a maximum of 16 calendar days in a lifetime, this  
          bill could result in significant ongoing costs for additional  
          temporary shelter assistance payments in the range of $2 million  
          to $6 million (General Fund), assuming an additional one to  
          three days of temporary shelter assistance are provided on  
          average. Based on data from the CA 237HA (CalWORKs Homeless  
          Assistance Program - Monthly Statistical Report) for March 2013  
          to February 2014, over 30,250 requests for temporary shelter  
          were approved. The average number of days of temporary shelter  
          assistance was 10.3 days at an average daily cost of about $72.  
          These costs would be partially offset by reduced payments to  
          families who choose to retain a portion of the 16-day benefit  
          for future use but do not subsequently use it or no longer  








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          qualify.

          This bill could also result in significant additional costs for  
          increased permanent homeless assistance payments for cases  
          previously ineligible and/or denied these payments due to  
          existing statute prohibiting payments to families in previous  
          receipt of any amount of temporary shelter assistance. According  
          to CA 237HA data for March 2013 to February 2014, the average  
          permanent housing assistance payment was about $850, with over  
          1,625 denied requests for permanent homeless assistance in one  
          12-month period alone. It is unknown how many requests have been  
          denied over the life of the Homeless Assistance Program due to a  
          family's previous receipt of temporary shelter assistance  
          payments of less than the maximum of 16 days, but it is  
          estimated to be significant. Additionally, it is unknown how  
          many more requests have not been submitted due to recognition of  
          the existing restriction on eligibility.

          AB 1452 (Stone) 2014 would increase the daily maximum homeless  
          allowance for a family of four from $65 to $75 per day, and  
          increase the family maximum from $125 to $135. Should both this  
          measure and AB 1452 be enacted, the fiscal impact of the  
          potential increases in temporary shelter payments discussed  
          above would be greater by approximately 15 percent.

          To the extent automation modifications are required to  
          effectuate the changes specified in this measure, the Department  
          of Social Services could incur one-time costs of an unknown  
          amount. Additionally, this bill would result in ongoing  
          state-reimbursable local costs (General Fund) for county  
          agencies to re-evaluate eligibility for temporary and permanent  
          housing assistance payments.

          Staff notes the Budget Act of 2014 includes $20 million General  
          Fund to be available for housing supports for CalWORKs families  
          for whom homelessness or housing instability is a barrier to  
          self-sufficiency or child well-being. It is unclear at this time  
          how these funds interact with the existing CalWORKs Homeless  
          Assistance Program addressed in this measure or if the  
          appropriation is to provide supplemental funding for these  
          purposes.











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