BILL ANALYSIS �
SENATE HUMAN
SERVICES COMMITTEE
Senator Jim Beall, Chair
BILL NO: AB 1930
A
AUTHOR: Skinner
B
VERSION: May 13, 2014
HEARING DATE: June 10, 2014
1
FISCAL: Yes
9
3
CONSULTANT: Mareva Brown
0
SUBJECT
CalFresh: student eligibility
SUMMARY
This bill requires a county human services agency to screen
a student for potential exemptions to the student work
requirement when determining eligibility and benefit level
for CalFresh. The bill would exempt from the work
requirement all students who participate in the EOPS
program, as specified, and requires the state to establish
a protocol to screen for all potential exemptions to the
rule and to identify and verify participation in the EOPS
program, criteria for self-initiated placement, and other
educational programs that would exempt a student from the
student work requirement.
ABSTRACT
Existing law:
1) Establishes under federal law the Supplemental
Nutrition Assistance Program (SNAP) to promote the
Continued---
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general welfare and to safeguard the health and
wellbeing of the nation's population by raising the
levels of nutrition among low-income households. (7
CFR 271.1)
2) Establishes in California statute the CalFresh
program to administer the provision of federal SNAP
benefits to families and individuals meeting specified
criteria. (WIC 18900 et seq.)
3) Establishes, under federal law, eligibility
requirements for receipt of SNAP benefits, including
income that is at or below 130 percent of the federal
poverty level and is determined to be a substantial
limiting factor in permitting a recipient to obtain a
more nutritious diet, as specified. (7 CFR 273.9)
4) Prohibits an individual who is enrolled at least
half-time in an institution of higher education from
eligibility in the federal Food Stamp Program unless
the individual qualifies for one of the exemptions, as
specified. (7 CFR 273.5)
5) Provides specific exemptions to this prohibition in
federal code which include:
a. Be younger than age 17 or older than 50
b. Be physically or mentally unfit
c. Be receiving TANF (or CalWORKs) benefits
d. Be enrolled in school as a result of
participation in the Job Opportunities and Basic
Skills program, as specified
e. Be employed for a minimum of 20 hours per
week and be paid for such employment or, if
self-employed, be employed for a minimum of 20
hours per week and receiving weekly earnings at
least equal to the Federal minimum wage
multiplied by 20 hours
f. Be participating in a State or federally
financed work study program during the regular
school year, as specified
g. Be participating in an on-the-job
training program, as specified.
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h. Be responsible for the care of a
dependent household member under the age of 6
i. Be responsible for the care of a
dependent household member who has reached the
age of 6 but is under age 12 when the state
agency has determined that adequate child care is
not available to enable the student to attend
class and comply with the work requirements of
items (e) or (f), above
j. Be a single parent enrolled in an
institution of higher education on a full-time
basis (as determined by the institution) and be
responsible for the care of a dependent child
under age 12, as specified
aa. Be assigned to or placed in an
institution of higher education through or in
compliance with the requirements of one of a
number of federally identified programs, as
specified. (7 CFR 273.5)
6) Establishes the CalFresh Employment and Training
program (CalFresh E&T), as authorized by the federal
Food and Nutrition Act of 2008, to assist members of
CalFresh households in gaining skills, training, work,
or experience that will increase their ability to
obtain regular employment. (WIC 18926.5. (a))
7) Requires that a California county that elects to
participate in CalFresh E&T shall screen CalFresh work
registrants to determine whether they will participate
in, or be deferred from, the program. Requires that an
individual be deferred from a mandatory placement in
the CalFresh E&T program for a number of specified
reasons, including residence in a federally determined
work surplus area. (WIC 18926.)
8) Establishes the Community College Extended
Opportunity Programs and Services (EOPS) to encourage
local community colleges to establish programs
directed to identify students affected by language,
social, and economic handicaps, to increase the number
of eligible EOPS students served, and to assist those
students to achieve their educational objectives and
goals, including, but not necessarily limited to,
obtaining job skills, occupational certificates, or
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associate degrees, and transferring to four-year
institutions. (EDC 69640)
This bill:
1) Expresses Legislative intent to increase college
graduation rates of low-income Californians and to
reduce the incidence of economic hardship and hunger
among low-income college students.
2) Adds a new section, 18901.11, to the Welfare and
Institutions Code requiring county human services
agencies to screen for all potential exemptions to the
work requirement using the protocol established in
federal law for students.
3) Requires that students who are participating in the
Community College EOPS program be considered exempt
from the student work requirement established in
federal law, unless prohibited by federal law.
4) Requires that CDSS, in consultation with
representatives of the office of the Chancellor of the
California Community Colleges, offices of the
Chancellor of the California State University,
University of California Chancellors' offices, the
California Workforce Investment Board, county human
services agencies, and advocates for students and
clients, establish a protocol to screen for all
potential exemptions to the student work requirements,
as defined.
5) Requires that this group additionally establish a
protocol to identify and verify participation in the
Community College EOPS program, criteria for
self-initiated placement, and other educational
programs that would exempt a student from the student
work requirement.
6) Requires that, to the extent possible, this
consultation shall take place through existing
workgroups convened by CDSS.
7) Establishes that a county human services agency is
not required to offer a particular component, support
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services, or worker's compensation to a student who is
found eligible for an exemption.
8) Requires that this section not restrict or require
the use of federal funds for the financing of CalFresh
E&T programs.
9) Requires that the department shall implement this
section by all-county letters or similar instructions
beginning no later than October 1, 2015, until
regulations are adopted, and requires that the
department shall adopt regulations implementing this
section on or before October 1, 2017, notwithstanding
other law to the contrary.
FISCAL IMPACT
According to an analysis by the Assembly Appropriations
Committee, this bill would result in minor and absorbable
costs to the California Department of Social Services
(CDSS) to develop the applicant and screening protocols.
Additionally, the analysis stated there may be some
reimbursable costs to counties, likely minor, to perform
additional screening duties for CalFresh applicants.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, existing law requires a student
going to college at least half time to also be working 20
hours or more in order to be eligible for CalFresh. The
author states that bill will result in fewer denials of
benefits for eligible low-income college students, reducing
hunger and bring in much needed federal food assistance to
support disadvantaged students and reinforce our state's
investment in their education.
Food Insecurity
Nationally, the USDA reported an estimated 14.5 percent of
American households were food insecure at least some time
during the year in 2012, meaning they lacked access to
enough food for an active, healthy life for all household
members. During the last decade, and especially during the
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Great Recession, the number of families experiencing food
insecurity has increased.
According to data from the California Health Interview
Survey (CHIS), at least 4 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 4 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 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.
Hunger on campus
A number of recent studies have highlighted the problem of
hunger on campus, including a January 2014 study which
found 6 in 10 students on one Oregon university campus were
food insecure at least once in the prior year. The study,
"Prevalence and Correlates of Food Insecurity Among
Students Attending a Midsize Rural University in Oregon,"
concluded that food insecurity among college students was a
significant issue, affecting student health and academic
performance, and urged further study. The researchers from
Oregon State University, Western Oregon University and
Benton County Health Department studied students at Western
Oregon University and published their findings in the
Journal of Nutrition Education and Behavior.
An April 9, 2014, Washington Post article described several
students at various four-year universities who quit their
college meal plans in order to save money for tuition and
then found themselves barely able to afford food. Students
on one campus created a voucher program to help others who
are at risk of going hungry. The article noted that in
2007, Michigan State University started a food bank on
campus to help alleviate hunger among students there. Since
then, another 120 campuses have created food banks on
campuses.
CalFresh
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The U.S. Department of Agriculture's (USDA) Supplemental
Nutritional Assistance Program funds 100 percent of food
benefits to eligible households nationwide. The state,
counties and federal government share the cost of
administering the program, which in California is known as
CalFresh. Specific eligibility requirements are set by the
USDA, including gross- and net-income asset tests for most
recipients, work requirements and specific documentation
requirements. The maximum gross income allowed to be
eligible is 130 percent of the federal poverty level, or
$23,850 for a family of four in 2014.<1> The average
monthly benefit for a CalFresh recipient is $153.13 per
month, or $5.10 per day.
Since 2001, the overall CalFresh caseload has grown
steadily, including an increase of more than 1 million
people between 2010 and 2013, at the peak of the Great
Recession. Nonetheless, California has been ranked last in
the country for years in SNAP participation rates,
prompting concerns from the USDA, stories in the state's
newspapers and two Legislative hearings in 2014, including
a joint Senate and Assembly Human Services committee
hearing on March 11. Just 57 percent of eligible
individuals were enrolled in the program, compared to a
national average of 79 percent in 2011. Just 44 percent of
California's eligible working poor families received
CalFresh benefits, compared to a national average of 67
percent. CDSS notes that low CalFresh participation
significantly impacts California's economy since every $5
of federal SNAP benefits are calculated to generate $9 of
local economic activity.
Public services and higher education
Community colleges play a role in educating and
coordinating with social services agencies for students who
are both attending school and receiving assistance through
a variety of programs:
CalWORKs students on community college campuses
receive coordination between the colleges and the
counties, academic, career, and personal counseling to
focus goals and develop student education plans, work
study employment, job development and placement
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<1> http://aspe.hhs.gov/poverty/14poverty.cfm
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services and other benefits.
The EOPS program provides academic and financial
support to community college students whose
educational and socioeconomic backgrounds may deter
them from successfully attending college and
completing their educational goals. Services are
specifically designed to offer educational support
services to address the specific needs of at-risk
students, including Individualized Counseling and
Support, tutoring and academic progress monitoring,
assistance transferring to a CSU or UC campus,
textbook and computer loans and other supports.
Related legislation:
SB 999 (Liu), 2014, would have required CDSS and the
California Community Colleges to identify categories of
students who might qualify for federal exemptions that
would allow them to receive CalFresh benefits and to
provide students with documentation to assist in getting
waivers.
SB 43 (Liu) Chapter 507, Statutes of 2011 permitted
counties to defer able-bodied working adults from required
employment and training participation in high unemployment
areas, as specified.
COMMENTS
This bill is similar to SB 999 (Liu), 2014, which was held
in the Senate Appropriations committee. SB 999 required
CDSS and the Community College Chancellor's office to
interpret the exemptions and then establish guidelines for
identifying categories of students and programs that may
qualify for an exemption. The bill also authorized a
county and local community or state college to establish a
CalFresh Employment and Training program. While AB 1970
similarly requires the state and Chancellor's office to
identify a protocol to screen students for exemptions
through existing stakeholder processes, it places the
responsibility for identifying those students on the county
social services department as a part of intake and ongoing
casework.
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PRIOR VOTES
Assembly Floor 61 - 12
Assembly Appropriations 14 - 3
Assembly Human Services 5 - 0
POSITIONS
Support: Coalition of California Welfare Rights
Organizations (co-sponsor)
Western Center on Law and Poverty
(co-sponsor)
Alameda County Community Food Bank
California Food Policy Advocates
California Immigrant Policy Center
Oppose: None received
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