BILL ANALYSIS �
AB 1930
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CONCURRENCE IN SENATE AMENDMENTS
AB 1930 (Skinner)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: |61-12|(May 23, 2014) |SENATE: |34-0 |(August 19, |
| | | | | |2014) |
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Original Committee Reference: HUM. S.
SUMMARY : Improves access to CalFresh benefits for eligible,
needy college students. Specifically, this bill :
1)States the intent of the Legislature 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)Requires that an educational program that could be a component
of a CalFresh Employment and Training (CalFresh E&T) program,
as specified, that is identified by the Department of Social
Services (DSS), is considered an employment and training
program for purposes of fulfilling federal work requirements,
as specified, for students receiving CalFresh.
3)Requires DSS, in consultation with 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, advocates
and other stakeholders, as specified, to establish a protocol
to identify and verify all potential exemptions to the federal
work rule for nutrition assistance and to identify and verify
participation in educational programs, including, but not
limited to, self-initiated placements, that would exempt a
student from the work rule. Requires that this consultation
take place through existing workgroups convened by DSS, to the
extent possible.
4)Require DSS to implement the provisions of this bill via
all-county letters or similar instructions no later than
October 1, 2015.
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The Senate amendments :
1)Remove references to the Community College Extended
Opportunity Programs and Services (EOPS) and, instead, make a
more general reference to educational programs, as specified,
that are identified by DSS and can qualify a student is
meeting the federal student work requirements in order to be
eligible for CalFresh.
2)Require DSS to seek and obtain any necessary federal approval
prior to implementing a process for verifying that students
meet the federal work rule or exempting students from the work
rule for purposes of CalFresh eligibility.
3)Clarify that provisions in this bill do not do any of the
following:
a) Require a county human services agency to offer a
particular component, support services, or worker's
compensation to a student found eligible for an exemption
to the work rule;
b) Restrict or require the use of federal funds for the
financing of CalFresh E&T programs; or
c) Require a college or university to provide a student
with information necessary to verify eligibility for
CalFresh.
EXISTING LAW :
1)Establishes, under federal law, the Supplemental Nutrition
Assistance Program (SNAP), pursuant to the Food Stamp Act of
1964 and subsequent revisions, and establishes, in California
law, the CalFresh program to administer the provision of
federal SNAP benefits to low-income families and individuals
meeting specified eligibility criteria. (7 United States Code
Section 2011 et seq., Welfare and Institutions Code (WIC)
Section 18900 et seq.)
2)Establishes, under federal law, eligibility requirements for
receipt of SNAP benefits, including income that is at or below
130% of the federal poverty level (FPL) and is determined to
be a substantial limiting factor in permitting a recipient to
obtain a more nutritious diet, as specified. (7 Code of
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Federal Regulations (CFR) Section 273.9)
3)Prohibits federal Food Stamp Program eligibility for an
individual who is enrolled at least half-time in an
institution of higher education unless the individual
qualifies for an exemption, as specified. (7 CFR Section
273.5)
4)Establishes the CalFresh E&T program, 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 Section 18926.5(a))
5)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 Section 18926)
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Potentially moderate to significant one-time costs (General
Fund) for DSS to establish the screening protocol and identify
other programs eligible for exemption from the student
eligibility rule in consultation with various stakeholders.
To the extent the consultation takes place through existing
workgroups convened by DSS, this would serve to mitigate costs
to some degree.
2)Potentially major non-reimbursable local costs in the millions
of dollars (Local) for county human services agencies to
consider all potential exemptions (which could include
screening students) utilizing the protocol established by DSS.
For every 100,000 students screened for all potential
exemptions assuming 15 minutes per screening would cost about
$1.4 million (General Fund). Over 186,000 students receive
California State University Pell grants. As an indicator of
possible need, there were 1.1 million students in California
community colleges that qualified for a fee waiver in the
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2012-13 academic year.
3)Potential ongoing increase in CalFresh and California Food
Assistance Program benefits and administration costs
(Federal/General Fund) to the extent the screening protocol
results in additional student eligibility for CalFresh. These
costs would be offset in part by the associated economic
benefit of sales tax revenue generated through the sale of
taxable items.
COMMENTS : This bill seeks to ensure needy students who are
actively participating in their education plans, and who meet
all other eligibility requirements for CalFresh, are adequately
screened for exemptions from federal work requirements for
students applying for or receiving SNAP benefits.
CalFresh: Nutrition benefits provided through the CalFresh
program are funded entirely by the federal government through
the SNAP. The United States Department of Agriculture (USDA)
sets specific eligibility requirements for SNAP programs across
the United States, including gross and net income tests, work
requirements, and other documentation requirements. CalFresh is
administered locally by county human services agencies, and the
federal, state, and county governments share in the cost of
administration of the program.
The maximum allowable gross income for CalFresh is 130% of the
Federal Poverty Level (FPL), and households with elderly or
disabled members are not subject to gross income criteria but
must have a net monthly income at or below 100% of the FPL.
Other households must meet both gross and net monthly income
tests. The average monthly benefit for a CalFresh recipient is
$153.13 per month, or $5.10 per person per day.
Food insecurity: During the past decade, the number of families
experiencing food insecurity, meaning they lacked access to
enough food for a healthy life for all household members, has
increased. Nationally, the USDA reported an estimated 14.5% of
American households were food insecure at least some time during
the year 2012. According to data from the California Health
Interview Survey (CHIS), at least four million low-income
Californians struggled with food insecurity during 2011-12. A
research brief published in 2012 by the University of
California, Los Angeles Center for Health Policy Research and
the California Food Policy Advocates noted that in 2009, more
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than four in 10 Californian adults, roughly 3.8 million people,
who were at or below 200% of the FPL suffered from food
insecurity. Of those, more than one third, or 1.4 million
people, reported very low food security, meaning they
experienced having to cut back on food.
Evidence of the increasing number of food-insecure families in
recent years can be seen in the steady climb in the overall
CalFresh caseload, which increased by more than one million
people between 2010 and 2013, at the peak of the Great
Recession. Still, California's SNAP participation rate has
lagged behind the rest of the nation for years, with only 57% of
eligible individuals enrolled in the program in 2011, compared
to a national average of 79%. DSS notes that every $5 in
federal SNAP benefits is calculated to generate $9 of local
economic activity.
Hunger among students: The problem of hunger on campus was
recently highlighted in an April 9, 2014, Washington Post
article, which described several students at various four-year
universities who quit their college meal plans in order to save
money to pay tuition, then found themselves hungry and barely
able to afford food. 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 colleges
and universities have created food banks on their own campuses.
A January 2014 study conducted by researchers from Oregon State
University, Western Oregon University and Benton County Health
Department found that six 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,
noted that a lower grade point average and fair to poor health
were factors associated with food concerns among the college
students surveyed. Low income was also a factor, even for
students working more than 40 hours per week.
SNAP student work rule: Federal law prohibits students enrolled
at least half-time in a college or university from receiving
SNAP benefits unless they qualify for an exemption, even when
they meet all other eligibility requirements. In general,
students are exempt from the prohibition if they are:
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1)Younger than age 18 or older than age 50;
2)Physically or mentally disabled;
3)Receiving CalWORKs benefits;
4)Enrolled in school as a result of participation in the Job
Opportunities and Basic Skills program;
5)Employed in a paid position for a minimum of 20 hours per week
or, if self-employed, receiving weekly earnings at least equal
to the federal minimum wage multiplied by 20 hours;
6)Participating in a state- or federally-financed work study
program during the regular school year;
7)Participating in an on-the-job training program;
8)Responsible for the care of a dependent household member under
the age of six;
9)Responsible for the care of a dependent household member who
has reached the age of six 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 5) or 6) above.
10)A single parent enrolled in an institution of higher
education on a full-time basis (as determined by the
institution) and responsible for the care of a dependent child
under age 12; or,
11)Participating in a program under the Workforce Investment
Act.
The SNAP student work rule was originally developed to ensure
that benefits intended for hungry, low-income students don't go
to students who receive support from their families and who
wouldn't meet eligibility requirements if they weren't living
away from home and considered to be a household of one. The
work requirement assumes that students who are actually needy
will engage in work programs to receive an income and be able to
better provide for themselves.
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Need for this bill: Throughout a student's life, hunger can be
a major barrier to learning and academic success. Adding to the
daily stress most college students experience, the stress that
comes from food insecurity often lowers educational
participation, and decreases the probability that a student will
achieve his or her academic goals. While the list of exemptions
to the student work rule is extensive, and even includes
additional employment and training programs that the USDA deems
appropriate, most students aren't aware of the exemptions for
which they qualify, nor is there currently a process to ensure
they are informed of the exemptions. This bill requires the
development of a protocol for identify and verify all potential
exemptions to the federal work rule for nutrition assistance and
to identify and verify students' participation in educational
programs that would exempt them from the work rule in an effort
to ensure that needy students aren't denied federal nutrition
assistance for which they are eligible.
According to the author, "This bill will result in fewer
[CalFresh] denials of eligible low-income college students, not
only reducing hunger, but bringing in much needed federal food
assistance to support disadvantaged students and reinforce our
state's investment in their education."
Analysis Prepared by : Myesha Jackson / HUM. S. / (916)
319-2089
FN: 0005094