AB 1015: Diaper and Wipe Distribution Program.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-18
Current Status:
Failed
(2024-01-25: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill creates a Diaper and Wipe Distribution Program run by the State Department of Social Services to provide diapers and wipes to low‑income families with infants or toddlers. The department may give program funds to emergency food providers, food banks, Feeding America members, and other nonprofit diaper distributors. Participating groups must report quarterly on diapers and wipes distributed, families helped and ages, and dollars spent; the department will post a list of participants online, may use up to 10% of funds for administration, and allocations are exempt from some state contracting and rulemaking requirements.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires the State Department of Social Services to administer various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, and the State Emergency Food Assistance Program (CalFood). The department has administratively created the Diaper Bank Program, through funding from the Budget Act of 2021, to allocate grants to specified food banks and other regional entities, with the aim of providing diapers to low-income families with infants or toddlers.
This bill would require the department to establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers. The bill would authorize the department to determine the method of distributing program funds, and would require the department to conduct outreach to, and consider, eligible entities for participation in the program, as specified.
The bill would require the department to require all participating entities to report on a quarterly basis to the department, at a minimum, specified quantitative information, including the numbers of diapers and wipes distributed and the total dollars expended. The bill would require the department to post on the departments internet website a list of the participating entities.
The bill would condition implementation of these provisions on an appropriation, and would require that the funding be spent within 36 months after receipt of those moneys. The bill would authorize the department to use up to 10% of any appropriated program funds for purposes of administrative costs to implement the program. The bill would exempt allocations made to any entity under this bill from certain contracting requirements, and would exempt implementation of these provisions from the Administrative Procedure Act.
Existing law requires the State Department of Social Services to administer various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, and the State Emergency Food Assistance Program (CalFood). The department has administratively created the Diaper Bank Program, through funding from the Budget Act of 2021, to allocate grants to specified food banks and other regional entities, with the aim of providing diapers to low-income families with infants or toddlers.
This bill would require the department to establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers. The bill would authorize the department to determine the method of distributing program funds, and would require the department to conduct outreach to, and consider, eligible entities for participation in the program, as specified.
The bill would require the department to require all participating entities to report on a quarterly basis to the department, at a minimum, specified quantitative information, including the numbers of diapers and wipes distributed and the total dollars expended. The bill would require the department to post on the departments internet website a list of the participating entities.
The bill would condition implementation of these provisions on an appropriation, and would require that the funding be spent within 36 months after receipt of those moneys. The bill would authorize the department to use up to 10% of any appropriated program funds for purposes of administrative costs to implement the program. The bill would exempt allocations made to any entity under this bill from certain contracting requirements, and would exempt implementation of these provisions from the Administrative Procedure Act.
Existing law requires the State Department of Social Services to administer various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, and the State Emergency Food Assistance Program (CalFood). The department has administratively created the Diaper Bank Program, through funding from the Budget Act of 2021, to allocate grants to specified food banks and other regional entities, with the aim of providing diapers to low-income families with infants or toddlers.
This bill would require the department to administer a diaper and wipe distribution program for low-income families, as specified, with infants or toddlers. Until the department administers the program through new contracts, the bill would require the department to utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to the target population, as specified.This bill would require the department to establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers. The bill would authorize the department to determine the method of distributing program funds, and would require the department to conduct outreach to, and consider, eligible entities for participation in the program, as specified.
The bill would require the department to require all participating entities to report on a quarterly basis to the department, at a minimum, specified quantitative information, including the numbers of diapers and wipes distributed and the total dollars expended. The bill would require the department to make that information available upon request, as specified, and to post on the departments internet website a list of the entities participating in the Diaper Bank Program or the program under this bill. participating entities.
The bill would condition implementation of these provisions on an appropriation, would prohibit funding from supplanting any existing funds or services, as specified, and would require that the funding be spent within 36 months after receipt of those moneys. The bill would exempt allocations made to any entity under this bill from certain contracting requirements. requirements, and would exempt implementation of these provisions from the Administrative Procedure Act.
Existing law requires the State Department of Social Services to administer various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, and the State Emergency Food Assistance Program (CalFood). The department has administratively created the Diaper Bank Program, through funding from the Budget Act of 2021, to allocate grants to specified food banks and other regional entities, with the aim of providing diapers to low-income families with infants or toddlers.
This bill would require the department to administer a diaper and wipe distribution program for low-income families, as specified, with infants or toddlers. Until the department administers the program through new contracts, the bill would require the department to utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to the target population, as specified.
The bill would require the department to require all participating entities to report on a quarterly basis to the department, at a minimum, specified quantitative information, including the numbers of diapers and wipes distributed and the total dollars expended. The bill would require the department to make that information available upon request, as specified, and to post on the departments internet website a list of the entities participating in the Diaper Bank Program or the program under this bill.
The bill would condition implementation of these provisions on an appropriation, would prohibit funding from supplanting any existing funds or services, as specified, and would require that the funding be spent within 36 months after receipt of those moneys. The bill would exempt allocations made to any entity under this bill from certain contracting requirements.
Existing law requires the State Department of Social Services to administer various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, and the State Emergency Food Assistance Program (CalFood). The department has administratively created the Diaper Bank Program, through funding from the Budget Act of 2021, to allocate grants to specified food banks and other regional entities, with the aim of providing diapers to low-income families with infants or toddlers.
This bill would require the department to administer a statewide diaper and wipe distribution program for low-income families, as specified, with infants or toddlers under 36 months of age. toddlers. Until the department administers the statewide program through new contracts, the bill would require the department to utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to the target population, as specified.
The bill would require the department to require all participating entities to report on a quarterly basis to the department, at a minimum, specified quantitative information, including the numbers of diapers and wipes distributed and the total dollars expended. The bill would require the department to make that information available upon request, as specified, and to post on the departments internet website a list of the entities participating in the Diaper Bank Program or the statewide program. program under this bill.
The bill would condition implementation of these provisions on an appropriation, would prohibit funding from supplanting any existing funds or services, as specified, and would require that the funding be spent within 36 months after receipt of those moneys. The bill would exempt allocations made to any entity under this bill from certain contracting requirements.
Existing law requires the State Department of Social Services to administer various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, and the State Emergency Food Assistance Program (CalFood). The department has administratively created the Diaper Bank Program, through funding from the Budget Act of 2021, to allocate grants to specified food banks and other regional entities, with the aim of providing diapers to low-income families with infants or toddlers.
This bill would require the department, subject to an appropriation, to create a diaper and wipe distribution grant program that would be made available statewide for the purpose of serving low-income households in need of a supply of diapers or wipes. The bill would authorize the department to meet that requirement by expanding the Diaper Bank Program, to be offered to all 58 counties, or through other means necessary to meet the requirement.The bill would require a county that voluntarily participates in the program to accept grant applications from community organizations or other entities and to award grants to approved recipients based on program criteria developed by the department.This bill would require the department to administer a statewide diaper and wipe distribution program for low-income families, as specified, with infants or toddlers under 36 months of age. Until the department administers the statewide program through new contracts, the bill would require the department to utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to the target population, as specified.
The bill would require the department to require all participating entities to report on a quarterly basis to the department, at a minimum, specified quantitative information, including the numbers of diapers and wipes distributed and the total dollars expended. The bill would require the department to make that information available upon request, as specified, and to post on the departments internet website a list of the entities participating in the Diaper Bank Program or the statewide program.
The bill would condition implementation of these provisions on an appropriation, would prohibit funding from supplanting any existing funds or services, as specified, and would require that the funding be spent within 36 months after receipt of those moneys.
Existing law requires the State Department of Social Services to administer various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, and the State Emergency Food Assistance Program (CalFood). The department has administratively created the Diaper Bank Program, through funding from the Budget Act of 2021, to allocate grants to specified food banks and other regional entities, with the aim of providing diapers to low-income families with infants or toddlers.
This bill would require the department, subject to an appropriation, to create a diaper and wipe distribution grant program that would be made available statewide for the purpose of serving low-income households in need of a supply of diapers or wipes. The bill would authorize the department to meet that requirement by expanding the Diaper Bank Program, to be offered to all 58 counties, or through other means necessary to meet the requirement.
The bill would require a county that voluntarily participates in the program to accept grant applications from community organizations or other entities and to award grants to approved recipients based on program criteria developed by the department.
The Legislature finds and declares all of the following:
(a)Diapers are essential for the health and well-being of babies and toddlers, yet one in three families in the United States struggles to afford diapers.
(b)A lack of diapers is not only a public health issue, but also an obstacle to economic mobility for low-income families.
(c)Diapers alone can cost approximately one hundred dollars ($100) or more per month per child, or approximately 4 percent or more of a persons total income if they are making California minimum wage, with low-income families disproportionately experiencing the burden.
(d)Parents and caregivers who rely on childcare services and who do not have enough diapers often cannot drop their children off at childcare, leading to missed days at work and school, missed early education opportunities for toddlers, and an increased likelihood of painful rashes and infections.
(e)The benefit programs CalFresh and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) do not provide diaper aid.
(f)In April 2018, the California Work Opportunity and Responsibility to Kids (CalWORKs) program began providing diaper aid as a supportive service, to a person participating in a welfare-to-work plan, in the amount of thirty dollars ($30) per month for each child of a certain age range.
(g)Diapers are the fourth greatest cost burden for many families.
(h)Since the start of the COVID-19 pandemic, the need for diaper assistance has grown dramatically and persisted at record levels.
(i)Expanding the geographic reach of the states diaper distribution efforts will address diaper need in California, especially for vulnerable families, while leveraging and strengthening existing safety net investments.
SEC. 2.Chapter 13 (commencing with Section 18992) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:13.Diaper and Wipe Distribution Program18992.(a)The State Department of Social Services shall establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
(b)The department may determine the method of distributing program funds and shall allocate those program funds to participating entities in accordance with this section.
(c)The department shall conduct outreach to, and consider, eligible entities for participation in the program. Entities eligible for participation in the program include, but are not limited to, the following:
(1)Emergency Food Assistance Program providers.
(2)Members of the California Association of Food Banks.
(3)Members of the nonprofit organization Feeding America that are based in California.
(4)Other nonprofit organizations that distribute diapers and wipes.
(d)The department shall require all participating entities to report on a quarterly basis to the department, at a minimum, all of the following information:
(1)Numbers of diapers and wipes distributed.
(2)Number of families assisted, and the ages of the families infants or toddlers.
(3)Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
(e)The department shall post on its internet website a list of the entities participating in the Diaper and Wipe Distribution Program.
18992.1.(a)Implementation of this chapter shall be subject to an appropriation for the purpose of this chapter made in the annual Budget Act or another statute.
(b)Funding appropriated to implement this chapter shall be spent within 36 months after receipt of those moneys, in accordance with Section 16304 of the Government Code.
(c)Of any funds appropriated to the department for the Diaper and Wipe Distribution Program pursuant to Section 18992, the department may use up to 10 percent for purposes of administrative costs to implement the program.
(d)Notwithstanding any other law, allocations made to any entity pursuant to Section 18992 shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(e)Implementation of this chapter shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The Legislature finds and declares all of the following:
(a)Diapers are essential for the health and well-being of babies and toddlers, yet one in three families in the United States struggles to afford diapers.
(b)A lack of diapers is not only a public health issue, but also an obstacle to economic mobility for low-income families.
(c)Diapers alone can cost approximately one hundred dollars ($100) or more per month per child, or approximately 4 percent or more of a persons total income if they are making California minimum wage, with low-income families disproportionately experiencing the burden.
(d)Parents and caregivers who rely on childcare services and who do not have enough diapers often cannot drop their children off at childcare, leading to missed days at work and school, missed early education opportunities for toddlers, and an increased likelihood of painful rashes and infections.
(e)The benefit programs CalFresh and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) do not provide diaper aid.
(f)In April 2018, the California Work Opportunity and Responsibility to Kids (CalWORKs) program began providing diaper aid as a supportive service, to a person participating in a welfare-to-work plan, in the amount of thirty dollars ($30) per month for each child of a certain age range.
(g)Diapers are the fourth greatest cost burden for many families.
(h)Since the start of the COVID-19 pandemic, the need for diaper assistance has grown dramatically and persisted at record levels.
(i)Expanding the geographic reach of the states diaper distribution efforts will address diaper need in California, especially for vulnerable families, while leveraging and strengthening existing safety net investments.
SEC. 2.Chapter 13 (commencing with Section 18992) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:13.Diaper and Wipe Distribution Program18992.(a)The State Department of Social Services shall establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
(b)The department may determine the method of distributing program funds and shall allocate those program funds to participating entities in accordance with this section.
(c)The department shall conduct outreach to, and consider, eligible entities for participation in the program. Entities eligible for participation in the program include, but are not limited to, the following:
(1)Emergency Food Assistance Program providers.
(2)Members of the California Association of Food Banks.
(3)Members of the nonprofit organization Feeding America that are based in California.
(4)Other nonprofit organizations that distribute diapers and wipes.
(d)The department shall require all participating entities to report on a quarterly basis to the department, at a minimum, all of the following information:
(1)Numbers of diapers and wipes distributed.
(2)Number of families assisted, and the ages of the families infants or toddlers.
(3)Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
(e)The department shall post on its internet website a list of the entities participating in the Diaper and Wipe Distribution Program.
18992.1.(a)Implementation of this chapter shall be subject to an appropriation for the purpose of this chapter made in the annual Budget Act or another statute.
(b)Funding appropriated to implement this chapter shall be spent within 36 months after receipt of those moneys, in accordance with Section 16304 of the Government Code.
(c)Of any funds appropriated to the department for the Diaper and Wipe Distribution Program pursuant to Section 18992, the department may use up to 10 percent for purposes of administrative costs to implement the program.
(c)(d)Notwithstanding any other law, allocations made to any entity pursuant to Section 18992 shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(d)(e)Implementation of this chapter shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The Legislature finds and declares all of the following:
(a)Diapers are essential for the health and well-being of babies and toddlers, yet one in three families in the United States struggles to afford diapers.
(b)A lack of diapers is not only a public health issue, but also an obstacle to economic mobility for low-income families.
(c)Diapers alone can cost approximately one hundred dollars ($100) or more per month per child, or approximately 4 percent or more of a persons total income if they are making California minimum wage, with low-income families disproportionately experiencing the burden.
(d)Parents and caregivers who rely on childcare services and who do not have enough diapers often cannot drop their children off at childcare, leading to missed days at work and school, missed early education opportunities for toddlers, and an increased likelihood of painful rashes and infections.
(e)The benefit programs CalFresh and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) do not provide diaper aid.
(f)In April 2018, the California Work Opportunity and Responsibility to Kids (CalWORKs) program began providing diaper aid as a supportive service, to a person participating in a welfare-to-work plan, in the amount of thirty dollars ($30) per month for each child of a certain age range.
(g)Diapers are the fourth greatest cost burden for many families.
(h)Since the start of the COVID-19 pandemic, the need for diaper assistance has grown dramatically and persisted at record levels.
(i)Expanding the geographic reach of the states diaper distribution efforts will address diaper need in California, especially for vulnerable families, while leveraging and strengthening existing safety net investments.
SEC. 2.Chapter 13 (commencing with Section 18992) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:13.Diaper and Wipe Distribution Program18992.(a)The State Department of Social Services shall establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
(b)The department may determine the method of distributing program funds and shall allocate those program funds to participating entities in accordance with this section.
(c)The department shall conduct outreach to, and consider, eligible entities for participation in the program. Entities eligible for participation in the program include, but are not limited to, the following:
(1)Emergency Food Assistance Program providers.
(2)Members of the California Association of Food Banks.
(3)Members of the nonprofit organization Feeding America that are based in California.
(4)Other nonprofit organizations that distribute diapers and wipes.
(d)The department shall require all participating entities to report on a quarterly basis to the department, at a minimum, all of the following information:
(1)Numbers of diapers and wipes distributed.
(2)Number of families assisted, and the ages of the families infants or toddlers.
(3)Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
(e)The department shall post on its internet website a list of the entities participating in the Diaper and Wipe Distribution Program.
18992.1.(a)Implementation of this chapter shall be subject to an appropriation for the purpose of this chapter made in the annual Budget Act or another statute.
(b)Funding appropriated to implement this chapter shall be spent within 36 months after receipt of those moneys, in accordance with Section 16304 of the Government Code.
(c)Notwithstanding any other law, allocations made to any entity pursuant to Section 18992 shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
(d)Implementation of this chapter shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SECTION 1.Chapter 13 (commencing with Section 18992) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:13.Diaper and Wipe Distribution Program18992.The Legislature finds and declares all of the following:(a)Diapers are essential for the health and well-being of babies and toddlers, yet one in three families in the United States struggles to afford diapers.(b)A lack of diapers is not only a public health issue, but also an obstacle to economic mobility for low-income families.(c)Diapers alone can cost approximately one hundred dollars ($100) or more per child, or approximately 4 percent or more of a persons total income if they are making California minimum wage, with low-income families disproportionately experiencing the burden.(d)Parents and caregivers who rely on childcare services and who do not have enough diapers often cannot drop their children off at childcare, leading to missed days at work and school, missed early education opportunities for toddlers, and an increased likelihood of painful rashes and infections.(e)The benefit programs CalFresh and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) do not provide diaper aid.(f)In April 2018, the California Work Opportunity and Responsibility to Kids (CalWORKs) program began providing diaper aid as a supportive service, to a person participating in a welfare-to-work plan, in the amount of thirty dollars ($30) per month for each child of a certain age range.(g)Diapers are the fourth greatest cost burden for many families.(h)Eighteen local diaper banks operate in the state, within limited jurisdictions. Meanwhile, the existing state-funded Diaper Bank Program administered by the State Department of Social Services involves eight operators serving certain counties, including, but not limited to, the Counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Sonoma, and the City and County of San Francisco.(i)Since the start of the COVID-19 pandemic, diaper assistance has grown dramatically and persisted at record levels.(j)Expanding the geographic reach of the states Diaper Bank Program will address diaper need in California, especially for vulnerable families in areas with no diaper bank programs, while leveraging and strengthening existing safety net investments.18992.1.(a)(1)The State Department of Social Services shall administer a diaper and wipe distribution program for low-income families with infants or toddlers.(2)For purposes of this section, the financial eligibility criteria, including income threshold, for low-income families under the program described in paragraph (1) shall be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.(b)Until the department administers the program described in subdivision (a) through new contracts, the department shall utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to low-income families with infants or toddlers through partnering entities, including, but not limited to, any of the following:(1)Agencies of the Emergency Food Assistance Program.(2)Members of the California Association of Food Banks.(3)Intermediaries.(4)Existing grantees under the Diaper Bank Program.(5)Members of California Feeding America.(6)Other nonprofit organizations.(c)This section shall not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of the program described in subdivision (a).(d)(1)The department shall require all participating entities to report on a quarterly basis to the department, at a minimum, all of the following information:(A)Numbers of diapers and wipes distributed.(B)Number of low-income families assisted, and the ages of the families infants or toddlers.(C)Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.(2)The department shall make the information described in paragraph (1) available upon request, excluding any personally identifiable information, whether through an online posting, a submitted report, or another applicable medium.(e)The department shall post on its internet website a list of the entities participating in the Diaper Bank Program or the program described in subdivision (a).(f)(1)Implementation of this section shall be subject to an appropriation for the purpose of this section made in the annual Budget Act or another statute.(2)Funding appropriated to implement this section shall not supplant any existing local, state, or federal funds designated for diaper or wipe distribution.(3)Funding appropriated to implement this section shall not supplant any existing diaper or wipe distribution services. However, that funding may be granted to currently participating entities under existing contracts for purposes of expanding those services. The funding may also be granted to newly participating entities under new contracts for purposes of providing those services.(4)Funding appropriated to implement this section shall be spent within 36 months after receipt of those moneys, in accordance with Section 16304 of the Government Code.(5)Notwithstanding any other law, allocations made to any entity pursuant to this section shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.The Legislature finds and declares all of the following:
(a)Diapers are essential for the health and well-being of babies and toddlers, yet one in three families in the United States struggles to afford diapers.
(b)A lack of diapers is not only a public health issue, but also an obstacle to economic mobility for low-income families.
(c)Diapers alone can cost approximately eighty dollars ($80) one hundred dollars ($100) or more per child, or approximately 4 percent or more of a persons total income if they are making California minimum wage, with low-income families disproportionately experiencing the burden.
(d)Parents and caregivers who rely on childcare services and who do not have enough diapers often cannot drop their children off at childcare, leading to missed days at work and school, missed early education opportunities for toddlers, and an increased likelihood of painful rashes and infections.
(e)The benefit programs CalFresh and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) do not provide diaper aid.
(f)In April 2018, the California Work Opportunity and Responsibility to Kids (CalWORKs) program began providing diaper aid as a supportive service, to a person participating in a welfare-to-work plan, in the amount of thirty dollars ($30) per month for each child of a certain age range.
(g)Diapers are the fourth greatest cost burden for many families.
(h)Eighteen local diaper banks operate in the state, within limited jurisdictions. Meanwhile, the existing state-funded Diaper Bank Program administered by the State Department of Social Services involves eight operators serving certain counties, including, but not limited to, the Counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Sonoma, and the City and County of San Francisco.
(i)Since the start of the COVID-19 pandemic, diaper assistance has grown dramatically and persisted at record levels.
(j)Expanding the geographic reach of the states Diaper Bank Program will address diaper need in California, especially for vulnerable families in areas with no diaper bank programs, while leveraging and strengthening existing safety net investments.
18992.1.(a)(1)The State Department of Social Services shall administer a diaper and wipe distribution program for low-income families with infants or toddlers.
(2)For purposes of this section, the financial eligibility criteria, including income threshold, for low-income families under the program described in paragraph (1) shall be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
(b)Until the department administers the program described in subdivision (a) through new contracts, the department shall utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to low-income families with infants or toddlers through partnering entities, including, but not limited to, any of the following:
(1)Agencies of the Emergency Food Assistance Program.
(2)Members of the California Association of Food Banks.
(3)Intermediaries.
(4)Existing grantees under the Diaper Bank Program.
(5)Members of California Feeding America.
(6)Other nonprofit organizations.
(c)This section shall not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of the program described in subdivision (a).
(d)(1)The department shall require all participating entities to report on a quarterly basis to the department, at a minimum, all of the following information:
(A)Numbers of diapers and wipes distributed.
(B)Number of low-income families assisted, and the ages of the families infants or toddlers.
(C)Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
(2)The department shall make the information described in paragraph (1) available upon request, excluding any personally identifiable information, whether through an online posting, a submitted report, or another applicable medium.
(e)The department shall post on its internet website a list of the entities participating in the Diaper Bank Program or the program described in subdivision (a).
(f)(1)Implementation of this section shall be subject to an appropriation for the purpose of this section made in the annual Budget Act or another statute.
(2)Funding appropriated to implement this section shall not supplant any existing local, state, or federal funds designated for diaper or wipe distribution.
(3)Funding appropriated to implement this section shall not supplant any existing diaper or wipe distribution services. However, that funding may be granted to currently participating entities under existing contracts for purposes of expanding those services. The funding may also be granted to newly participating entities under new contracts for purposes of providing those services.
(4)Funding appropriated to implement this section shall be spent within 36 months after receipt of those moneys, in accordance with Section 16304 of the Government Code.
(5)Notwithstanding any other law, allocations made to any entity pursuant to this section shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
The Legislature finds and declares all of the following:
(a)Diapers are essential for the health and well-being of babies and toddlers, yet one in three families in the United States struggles to afford diapers.
(b)A lack of diapers is not only a public health issue, but also an obstacle to economic mobility for low-income families.
(c)Diapers alone can cost approximately eighty dollars ($80) or more per child, or approximately 4 percent or more of a persons total income if they are making California minimum wage, with low-income families disproportionately experiencing the burden.
(d)Parents and caregivers who rely on childcare services and who do not have enough diapers often cannot drop their children off at childcare, leading to missed days at work and school, missed early education opportunities for toddlers, and an increased likelihood of painful rashes and infections.
(e)The benefit programs CalFresh and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) do not provide diaper aid.
(f)In April 2018, the California Work Opportunity and Responsibility to Kids (CalWORKs) program began providing diaper aid as a supportive service, to a person participating in a welfare-to-work plan, in the amount of thirty dollars ($30) per month for each child who is under 36 months of age. of a certain age range.
(g)Diapers are the fourth greatest cost burden for many families.
(h)Eighteen local diaper banks operate in the state, within limited jurisdictions. Meanwhile, the existing state-funded Diaper Bank Program administered by the State Department of Social Services involves eight operators serving certain counties, including, but not limited to, the Counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Sonoma, and the City and County of San Francisco.
(i)Since the start of the COVID-19 pandemic, diaper assistance has grown dramatically and persisted at record levels.
(j)Creating a 58-county statewide program Expanding the geographic reach of the states Diaper Bank Program will address diaper need in California, especially for vulnerable families in areas with no diaper bank programs, while leveraging and strengthening existing safety net investments.
18992.1.(a)(1)The State Department of Social Services shall administer a statewide diaper and wipe distribution program for low-income families with infants or toddlers under 36 months of age. toddlers.
(2)For purposes of this section, the financial eligibility criteria, including income threshold, for low-income families under the statewide program described in paragraph (1) shall be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
(b)Until the department administers the statewide program described in subdivision (a) through new contracts, the department shall utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to low-income families with infants or toddlers under 36 months of age through partnering entities, including, but not limited to, any of the following:
(1)Agencies of the Emergency Food Assistance Program.
(2)Members of the California Association of Food Banks.
(3)Intermediaries.
(4)Existing grantees under the Diaper Bank Program.
(5)Members of California Feeding America.
(c)This section shall not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of the statewide program pursuant to program described in subdivision (a).
(d)(1)The department shall require all participating entities to report on a quarterly basis to the department, at a minimum, all of the following information:
(A)Numbers of diapers and wipes distributed.
(B)Number of low-income families, with infants or toddlers under 36 months of age, assisted. families assisted, and the ages of the families infants or toddlers.
(C)How long diaper and wipe supplies last.(D)(C)Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
(2)The department shall make the information described in paragraph (1) available upon request, excluding any personally identifiable information, whether through an online posting, a submitted report, or another applicable medium.
(e)The department shall post on its internet website a list of the entities participating in the Diaper Bank Program or the statewide program described in subdivision (a).
(f)(1)Implementation of this section shall be subject to an appropriation for the purpose of this section made in the annual Budget Act or another statute.
(2)Funding appropriated to implement this section shall not supplant any existing local, state, or federal funds designated for diaper or wipe distribution.
(3)Funding appropriated to implement this section shall not supplant any existing diaper or wipe distribution services. However, that funding may be granted to currently participating entities under existing contracts for purposes of expanding those services. The funding may also be granted to newly participating entities under new contracts for purposes of providing those services.
(4)Funding appropriated to implement this section shall be spent within 36 months after receipt of those moneys, in accordance with Section 16304 of the Government Code.
(5)Notwithstanding any other law, allocations made to any entity pursuant to this section shall be exempt from the requirements of Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, the Public Contract Code, and the State Contracting Manual, and shall not be subject to the approval of the Department of General Services.
The Legislature finds and declares all of the following:
(a)Diapers are essential for the health and well-being of babies and toddlers, yet one in three families in the United States struggles to afford diapers.
(b)A lack of diapers is not only a public health issue, but also an obstacle to economic mobility for low-income families.
(c)Diapers alone can cost approximately eighty dollars ($80) or more per child, or approximately 4 percent or more of a persons total income if they are making California minimum wage, with low-income families disproportionately experiencing the burden.
(d)Parents and caregivers who rely on childcare services and who do not have enough diapers often cannot drop their children off at childcare, leading to missed days at work and school, missed early education opportunities for toddlers, and an increased likelihood of painful rashes and infections.
(e)The benefit programs CalFresh and the California Special Supplemental Nutrition Program for Women, Infants, and Children (WIC Program) do not provide diaper aid.
(f)In April 2018, the California Work Opportunity and Responsibility to Kids (CalWORKs) program began providing diaper aid as a supportive service, to a person participating in a welfare-to-work plan, in the amount of thirty dollars ($30) per month for each child who is under 36 months of age.
(g)Diapers are the fourth greatest cost burden for many families.
(h)Eighteen local diaper banks operate in the state, within limited jurisdictions. Meanwhile, the existing state-funded Diaper Bank Program administered by the State Department of Social Services involves eight operators serving certain counties, including, but not limited to, the Counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Sonoma, and the City and County of San Francisco.
(i)Since the start of the COVID-19 pandemic, diaper assistance has grown dramatically and persisted at record levels.
(j)Creating a 58-county statewide program will address diaper need in California, especially for vulnerable families in areas with no diaper bank programs, while leveraging and strengthening existing safety net investments.
18992.1.(a)(1)The State Department of Social Services shall administer a statewide diaper and wipe distribution program for low-income families with infants or toddlers under 36 months of age.
(2)For purposes of this section, the financial eligibility criteria, including income threshold, for low-income families under the statewide program described in paragraph (1) shall be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
(b)Until the department administers the statewide program described in subdivision (a) through new contracts, the department shall utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to low-income families with infants or toddlers under 36 months of age through partnering entities, including, but not limited to, any of the following:
(1)Agencies of the Emergency Food Assistance Program.
(2)Members of the California Association of Food Banks.
(3)Intermediaries.
(4)Existing grantees under the Diaper Bank Program.
(c)This section shall not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of the statewide program pursuant to subdivision (a).
(d)(1)The department shall require all participating entities to report on a quarterly basis to the department, at a minimum, all of the following information:
(A)Numbers of diapers and wipes distributed.
(B)Number of low-income families, with infants or toddlers under 36 months of age, assisted.
(C)How long diaper and wipe supplies last.
(D)Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
(2)The department shall make the information described in paragraph (1) available upon request, excluding any personally identifiable information, whether through an online posting, a submitted report, or another applicable medium.
(e)The department shall post on its internet website a list of the entities participating in the Diaper Bank Program or the statewide program described in subdivision (a).
(f)(1)Implementation of this section shall be subject to an appropriation for the purpose of this section made in the annual Budget Act or another statute.
(2)Funding appropriated to implement this section shall not supplant any existing local, state, or federal funds designated for diaper or wipe distribution.
(3)Funding appropriated to implement this section shall not supplant any existing diaper or wipe distribution services. However, that funding may be granted to currently participating entities under existing contracts for purposes of expanding those services. The funding may also be granted to newly participating entities under new contracts for purposes of providing those services.
(4)Funding appropriated to implement this section shall be spent within 36 months after receipt of those moneys, in accordance with Section 16304 of the Government Code.
SECTION 1.Chapter 13 (commencing with Section 18992) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:13.Diaper and Wipe Distribution Grant Program18992.(a)The State Department of Social Services shall create a diaper and wipe distribution grant program that is made available statewide for the purpose of serving low-income households in need of a supply of diapers or wipes.(b)The department may meet the requirement described in subdivision (a) by expanding the existing administratively created Diaper Bank Program, to be offered to all 58 counties, or through other means necessary to meet the requirement.(c)A county that voluntarily participates in the program shall accept grant applications from community organizations or other entities and shall award grants to approved recipients based on program criteria developed by the department.(d)Implementation of this section shall be subject to an appropriation made by the Legislature for the purpose of this section. REVISIONS: HeadingLine 2.(a)The State Department of Social Services shall create a diaper and wipe distribution grant program that is made available statewide for the purpose of serving low-income households in need of a supply of diapers or wipes.
(b)The department may meet the requirement described in subdivision (a) by expanding the existing administratively created Diaper Bank Program, to be offered to all 58 counties, or through other means necessary to meet the requirement.
(c)A county that voluntarily participates in the program shall accept grant applications from community organizations or other entities and shall award grants to approved recipients based on program criteria developed by the department.
(d)Implementation of this section shall be subject to an appropriation made by the Legislature for the purpose of this section.
|
Date
|
Status
|
|---|---|
| Jan 25, 2024 | Consideration of Governor's veto stricken from file. |
| Jan 3, 2024 | Consideration of Governor's veto pending. |
| Oct 7, 2023 | Vetoed by Governor. |
| Sep 21, 2023 | Enrolled and presented to the Governor at 3:30 p.m. |
| Sep 14, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3559.). |
| Sep 13, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 13, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2760.). |
| Sep 11, 2023 | Read second time. Ordered to third reading. |
| Sep 8, 2023 | Read third time and amended. Ordered to second reading. |
| Sep 7, 2023 | Reconsideration granted. (Ayes 40. Noes 0. Page 2480.) |
| Sep 7, 2023 | Read third time. Passed. (Ayes 40. Noes 0. Page 2480.) |
| Sep 7, 2023 | Ordered to third reading. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | Read second time and amended. Ordered returned to second reading. |
| Sep 1, 2023 | From committee: Amend, and do pass as amended. (Ayes 5. Noes 0.) (September 1). |
| Jul 3, 2023 | In committee: Referred to APPR suspense file. |
| Jun 27, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jun 20, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (June 19). Re-referred to Com. on APPR. |
| Jun 7, 2023 | Referred to Com. on HUMAN S. |
| May 31, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 1927.) |
| May 22, 2023 | Read second time. Ordered to third reading. |
| May 18, 2023 | Read second time and amended. Ordered returned to second reading. |
| May 18, 2023 | From committee: Amend, and do pass as amended. (Ayes 11. Noes 0.) (May 18). |
| May 3, 2023 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Apr 19, 2023 | Coauthors revised. |
| Apr 12, 2023 | Re-referred to Com. on HUM. S. |
| Apr 11, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Feb 23, 2023 | Referred to Com. on HUM. S. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 14, 2023 | AB 1015 Calderon Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 13, 2023 | Assembly 3rd Reading AB1015 Calderon et al. By Limón | Senate Floor |
Passed |
|
| Sep 7, 2023 | Assembly 3rd Reading AB1015 Calderon et al. By Limón Motion To Reconsider | Senate Floor |
Passed |
|
| Sep 7, 2023 | Assembly 3rd Reading AB1015 Calderon et al. By Limón | Senate Floor |
Passed |
|
| Sep 1, 2023 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 3, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 19, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Human Services |
Passed |
|
| May 30, 2023 | AB 1015 Calderon Assembly Third Reading | Assembly Floor |
Passed |
|
| May 18, 2023 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Food Banks | * Support | Apr 18, 2023 |
| California Catholic Conference | ** Support | |
| California Legislative Women's Caucus | ** Support | |
| California Strategies & Advocacy, LLC | ** Support | |
| Children Now | ** Support | |
| First 5 Los Angeles | ** Support | |
| GRACE End Child Poverty California | * Support | Apr 18, 2023 |
| Los Angeles Regional Food Bank | * Support | Apr 18, 2023 |
| National Association Of Social Workers, California Chapter | ** Support | |
| Nourished California | * Support | Apr 18, 2023 |
| Supply Bank | * Neutral | Jun 19, 2023 |
| SupplyBank.org | * For If Amend | Apr 18, 2023 |
GOVERNOR'S VETO
GV Bill Id:AB 1015
Author:(Calderon)
As Enrolled Ver:September 18, 2023
2/3 vote
SUMMARY
Requires California Department of Social Services (CDSS) to establish and administer the "Diaper and Wipe Distribution Program" for low-income families with infants or toddlers.
Senate amendments
- Removed findings and declarations from the Welfare and Institutions Code and moves to a standalone section.
- Required CDSS to establish the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
- Removed the requirement for CDSS to use the existing eligibility criteria under the Diaper Bank Program, and instead, permits CDSS to determine the method of distributing program funds and requires CDSS to allocate those program funds to participating entities.
- Removed the requirement that CDSS utilize the existing Diaper Bank Program infrastructure and contracts, and instead, requires CDSS to conduct outreach to, and consider, eligible entities for participation in the Diaper and Wipe Distribution Program.
- Clarified the list of entities eligible for program participation, including adding other nonprofit organizations that distribute diapers and wipes.
- Permitted CDSS to use up to 10% of any funds appropriated for the Diaper and Wipe Distribution Program for purposes of administrative costs to implement the program.
- Exempted the Diaper and Wipe Distribution Program from the rulemaking provisions of the Administrative Procedure Act.
Governor’s Veto Message
This bill would require the State Department of Social Services to administer an expanded Diaper and Wipe Distribution Program in all 58 counties.
The current diaper bank effort was established via the Budget Act of 2021, serving twenty counties throughout California and distributing over one-hundred million diapers to over one million low-income households since its inception. The same budget also exempted diapers from sales tax. While I appreciate the author's desire to provide additional assistance, an expanded effort should similarly be considered and funded as part of the annual budget process.
In partnership with the Legislature, we enacted d budget that closed a shortfall of more than $30 billion through balanced solutions that avoided deep program cuts and protected education, health care, climate, public safety, and social service programs that are relied on by millions of Californians. This year, however, the Legislature sent me bills outside of this budget process that, if all enacted, would add nearly $19 billion of unaccounted costs in the budget, of which $11 billion would be ongoing.
With our state facing continuing economic risk and revenue uncertainty, it is important to remain disciplined when considering bills with significant fiscal implications, such as this measure.
COMMENTS
Diaper Distribution Programs. The Diaper Bank Program was established by the Legislature, through the Budget Act of 2021, and allocated a one-time $30 million to CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the storage, handling, and transportation of diapers to low-income families until 2024 through the following food banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. The current Diaper Bank Program only reaches eight counties. This bill would codify and establish a separate Diaper and Wipe Distribution Program that reaches all 58 counties through entities that distribute diapers and wipes to those in need, including food banks.
Food Banks are a natural partner for diaper distribution and tend to serve overlapping populations of those who are food insecure and unable to afford diapers. Food banks throughout California provide the United States Department of Agriculture commodities for distribution to eligible individuals and households and have geographic and income eligibility requirements. Food banks are a part of the national emergency food system, which also includes soup kitchens and food pantries. Low-income parents often turn to diaper banks, who were likely employed adults who have missed work because of diaper need, resulting in barriers to economic mobility.
Under existing state and federal law, diapers and wipes are not a covered expense in social services safety-net programs like CalFresh, the Women Infant and Children program, and Medi-Cal. However, in 2018, as a result of AB 480 (Gonzalez Fletcher), Chapter 690, Statutes of 2017, CalWORKs did begin covering the cost of diapers for infants and toddlers up to $30 as a reimbursable ancillary expense for participants with young children in the Welfare-to-Work (WTW) program. To qualify for the diaper supportive service, WTW participants are required to have a child under 36 months and be a recipient of CalWORKs. These supportive service payments are only provided to qualifying WTW program participants who are in good standing with CalWORKs program requirements and actively participating in the WTW activities.
This bill would allow CDSS to determine the method of distributing program funds and require CDSS to allocate those program funds to participating entities and would require CDSS to conduct outreach to, and consider, eligible entities for participation in the program, including members of the California Association of Food Banks and other nonprofit organizations that distribute diapers and wipes.
In September 2022, through the Office of Community Services, in partnership with the Office of Planning, Evaluation, and Research, launched a new Diaper Distribution Demonstration and Research Pilot, also known as the Diaper Distribution Pilot which made $8 million available to create its first federally funded diaper assistance program in six states (Washington, Arizona, Iowa, Virginia, North Carolina, and South Carolina). The pilot program was established to help address diaper needs and increase economic security for families experiencing poverty. This program provides funding to expand existing diaper distribution services through a network of community partners that provide anti-poverty services. In addition to providing diapers, grantees and their partners, including, social service agencies and diaper banks, will connect families to economic mobility and family support services such as job training, educational support, Early Head Start, and housing services.
Unmet diaper needs. Children require diapers from the day they are born, and are an expense that all parents must incur. The average infant goes through 8 to 12 diapers a day, which totals over $200 a month, and several thousand per year. For someone earning the California minimum wage, diaper costs can total as much as 4% ($100 per month) of their total income. Providing diapers is also typically a requirement to attend daycare programs. Parents and caregivers who rely on child care services and do not have enough diapers and wipes often cannot drop their children off at childcare. This leads to missed early education opportunities for toddlers and a monthly average of four missed days of work or school for parents. More than half (56%) of parents using child care to go to work have missed work because of an inadequate diaper supply.
To reduce the financial impacts of costly diapers and wipes, many caregivers have reported borrowing money from family or friends, stretching time between diaper changes, reusing soiled diapers, using outgrown diapers, and leaving children diaper-less to stretch their supply. In addition, not being able to appropriately diaper children can lead to being reported to Child Protective Services for neglect, which could lead to child welfare services system-involvement, further stressing a family already under tremendous stress to meet basic needs.
When caregivers are not able to keep children clean, dry, and healthy, infants can experience negative health outcomes, which becomes a health equity issue. Studies show that a lack of diapers increases incidences of diaper rash and painful infections, which can lead to medical visits and incurring additional costs for families. Unmet diaper needs are not only a public health issue, but also a barrier to economic mobility for low-income families, with one in three struggling to afford diapers across the country.
Equity Implications. Research indicates that about one in three mothers in the United States (U.S.) struggle with diaper scarcity. Providing funding to distribute diapers and wipes to families in need has been demonstrated to be an effective anti-poverty strategy. There are not currently enough diaper bank programs throughout the state to meet the needs of many families who are already struggling to pay the soaring costs of rent, transportation and healthcare, let alone the added costs of diapers. Since the start of the COVID-19 pandemic, the need for diaper assistance has grown dramatically and persisted to record levels.
According to the National Center for Children in Poverty, in 2015, almost half of U.S. families with one or more babies or toddlers of diapering age were living at or below 200% of the federal poverty level (FPL), and nearly half of those lived in households at just 100% FPL. Children of color are overrepresented among families living in poverty: among children under 18 living at or below 100% FPL this includes 30% of Native American children, 31% of Black children, 10% of Asian/Pacific Islander children, and 23% of Hispanic/Latino children (compared to 10% of White children) in the U.S.
By establishing a separate Diaper and Wipe Distribution Program, it would address the inequity in meeting diaper needs across the state, especially in counties without diaper bank programs or with sparsely spread out community organizations. By codifying the Diaper and Wipe Distribution Program, families in need would have consistent access to diapers and wipes, which could improve the health of children, meet the needs of underserved families, and help to alleviate the impact of poverty on vulnerable families.
According to the Author
"[This bill] would create a statewide diaper and wipe distribution program for low-income families. Diapers are an expensive, crucial need for the first years of a child's life, yet they are not covered by existing safety-net programs like CalFresh and the Women, Infants and Children (WIC) program. Working, low-income parents often must to choose between purchasing diapers or other basic needs.
"This bill aims to expand access to diapers and wipes to low-income families with infants or toddlers across all 58 counties. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers."
Arguments in Support
First 5 LA writes, "Diapers are not currently covered by federal assistance programs and their cost has increased by 10 percent over the past several years… Many childcare providers require disposable diapers, forcing families to keep their children at home which leads to missed early learning opportunities and prevents full parental economic participation… A statewide diaper bank will contribute to closing the 'diaper gap' and reach families most in need."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Senate Appropriations Committee on September 1, 2023, unknown ongoing General Fund costs, likely millions, to provide funding for the distribution program. In addition, ongoing General Fund costs, likely hundreds of thousands, for CDSS for state operations.
VOTES
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
UPDATED
VERSION: September 18, 2023
CONSULTANT: Bri-Ann Hernandez / HUM. S. / (916) 319-2089 FN: 0002517
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 1015
Author:(Calderon)
As Amended Ver:September 8, 2023
Majority vote
SUMMARY
Requires California Department of Social Services (CDSS) to establish and administer the "Diaper and Wipe Distribution Program" for low-income families with infants or toddlers.
Senate Amendments
- Remove findings and declarations from the Welfare and Institutions Code and moves to a standalone section.
- Require CDSS to establish the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
- Remove the requirement for CDSS to use the existing eligibility criteria under the Diaper Bank Program, and instead, permits CDSS to determine the method of distributing program funds and requires CDSS to allocate those program funds to participating entities.
- Remove the requirement that CDSS utilize the existing Diaper Bank Program infrastructure and contracts, and instead, requires CDSS to conduct outreach to, and consider, eligible entities for participation in the Diaper and Wipe Distribution Program.
- Clarify the list of entities eligible for program participation, including adding other nonprofit organizations that distribute diapers and wipes.
- Permit CDSS to use up to 10% of any funds appropriated for the Diaper and Wipe Distribution Program for purposes of administrative costs to implement the program.
- Exempt the Diaper and Wipe Distribution Program from the rulemaking provisions of the Administrative Procedure Act.
COMMENTS
Diaper Distribution Programs. The Diaper Bank Program was established by the Legislature, through the Budget Act of 2021, and allocated a one-time $30 million to CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the storage, handling, and transportation of diapers to low-income families until 2024 through the following food banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. The current Diaper Bank Program only reaches eight counties. This bill would codify and establish a separate Diaper and Wipe Distribution Program that reaches all 58 counties through entities that distribute diapers and wipes to those in need, including food banks.
Food Banks are a natural partner for diaper distribution and tend to serve overlapping populations of those who are food insecure and unable to afford diapers. Food banks throughout California provide the United States Department of Agriculture commodities for distribution to eligible individuals and households and have geographic and income eligibility requirements. Food banks are a part of the national emergency food system, which also includes soup kitchens and food pantries. Low-income parents often turn to diaper banks, who were likely employed adults who have missed work because of diaper need, resulting in barriers to economic mobility.
Under existing state and federal law, diapers and wipes are not a covered expense in social services safety-net programs like CalFresh, the Women Infant and Children program, and Medi-Cal. However, in 2018, as a result of AB 480 (Gonzalez Fletcher), Chapter 690, Statutes of 2017, CalWORKs did begin covering the cost of diapers for infants and toddlers up to $30 as a reimbursable ancillary expense for participants with young children in the Welfare-to-Work (WTW) program. To qualify for the diaper supportive service, WTW participants are required to have a child under 36 months and be a recipient of CalWORKs. These supportive service payments are only provided to qualifying WTW program participants who are in good standing with CalWORKs program requirements and actively participating in the WTW activities.
This bill would allow CDSS to determine the method of distributing program funds and require CDSS to allocate those program funds to participating entities and would require CDSS to conduct outreach to, and consider, eligible entities for participation in the program, including members of the California Association of Food Banks and other nonprofit organizations that distribute diapers and wipes.
In September 2022, through the Office of Community Services, in partnership with the Office of Planning, Evaluation, and Research, launched a new Diaper Distribution Demonstration and Research Pilot, also known as the Diaper Distribution Pilot which made $8 million available to create its first federally funded diaper assistance program in six states (Washington, Arizona, Iowa, Virginia, North Carolina, and South Carolina). The pilot program was established to help address diaper needs and increase economic security for families experiencing poverty. This program provides funding to expand existing diaper distribution services through a network of community partners that provide anti-poverty services. In addition to providing diapers, grantees and their partners, including, social service agencies and diaper banks, will connect families to economic mobility and family support services such as job training, educational support, Early Head Start, and housing services.
Unmet diaper needs. Children require diapers from the day they are born, and are an expense that all parents must incur. The average infant goes through 8 to 12 diapers a day, which totals over $200 a month, and several thousand per year. For someone earning the California minimum wage, diaper costs can total as much as 4% ($100 per month) of their total income. Providing diapers is also typically a requirement to attend daycare programs. Parents and caregivers who rely on child care services and do not have enough diapers and wipes often cannot drop their children off at childcare. This leads to missed early education opportunities for toddlers and a monthly average of four missed days of work or school for parents. More than half (56%) of parents using child care to go to work have missed work because of an inadequate diaper supply.
To reduce the financial impacts of costly diapers and wipes, many caregivers have reported borrowing money from family or friends, stretching time between diaper changes, reusing soiled diapers, using outgrown diapers, and leaving children diaper-less to stretch their supply. In addition, not being able to appropriately diaper children can lead to being reported to Child Protective Services for neglect, which could lead to child welfare services system-involvement, further stressing a family already under tremendous stress to meet basic needs.
When caregivers are not able to keep children clean, dry, and healthy, infants can experience negative health outcomes, which becomes a health equity issue. Studies show that a lack of diapers increases incidences of diaper rash and painful infections, which can lead to medical visits and incurring additional costs for families. Unmet diaper needs are not only a public health issue, but also a barrier to economic mobility for low-income families, with one in three struggling to afford diapers across the country.
Equity Implications. Research indicates that about one in three mothers in the United States (U.S.) struggle with diaper scarcity. Providing funding to distribute diapers and wipes to families in need has been demonstrated to be an effective anti-poverty strategy. There are not currently enough diaper bank programs throughout the state to meet the needs of many families who are already struggling to pay the soaring costs of rent, transportation and healthcare, let alone the added costs of diapers. Since the start of the COVID-19 pandemic, the need for diaper assistance has grown dramatically and persisted to record levels.
According to the National Center for Children in Poverty, in 2015, almost half of U.S. families with one or more babies or toddlers of diapering age were living at or below 200% of the federal poverty level (FPL), and nearly half of those lived in households at just 100% FPL. Children of color are overrepresented among families living in poverty: among children under 18 living at or below 100% FPL this includes 30% of Native American children, 31% of Black children, 10% of Asian/Pacific Islander children, and 23% of Hispanic/Latino children (compared to 10% of White children) in the U.S.
By establishing a separate Diaper and Wipe Distribution Program, it would address the inequity in meeting diaper needs across the state, especially in counties without diaper bank programs or with sparsely spread out community organizations. By codifying the Diaper and Wipe Distribution Program, families in need would have consistent access to diapers and wipes, which could improve the health of children, meet the needs of underserved families, and help to alleviate the impact of poverty on vulnerable families.
According to the Author
"[This bill] would create a statewide diaper and wipe distribution program for low-income families. Diapers are an expensive, crucial need for the first years of a child's life, yet they are not covered by existing safety-net programs like CalFresh and the Women, Infants and Children (WIC) program. Working, low-income parents often must to choose between purchasing diapers or other basic needs.
"This bill aims to expand access to diapers and wipes to low-income families with infants or toddlers across all 58 counties. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers."
Arguments in Support
First 5 LA writes, "Diapers are not currently covered by federal assistance programs and their cost has increased by 10 percent over the past several years… Many childcare providers require disposable diapers, forcing families to keep their children at home which leads to missed early learning opportunities and prevents full parental economic participation… A statewide diaper bank will contribute to closing the 'diaper gap' and reach families most in need."
Arguments in Opposition
No opposition on file
FISCAL COMMENTS
According to the Senate Appropriations Committee on September 1, 2023, unknown ongoing General Fund costs, likely millions, to provide funding for the distribution program. In addition, ongoing General Fund costs, likely hundreds of thousands, for CDSS for state operations.
VOTES:
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
ASSEMBLY FLOOR: 80-0-0
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: September 8, 2023
CONSULTANT: Bri-Ann Hernandez / HUM. S. / (916) 319-2089 FN: 0002279
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1015 |
THIRD READING
Bill No: AB 1015
Author: Calderon (D), et al.
Amended: 9/8/23 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/19/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE APPROPRIATIONS COMMITTEE: 5-0, 9/1/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
SENATE FLOOR: 40-0, 9/7/23
AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ASSEMBLY FLOOR: 80-0, 5/30/23 - See last page for vote
SUBJECT: Diaper and wipe distribution program
SOURCE: Author
DIGEST:
This bill requires the California Department of Social Services (CDSS), upon receipt of an appropriation, to administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
Senate Floor Amendments of 9/8/23 clarify the amount of program funding that CDSS may use for administrative costs and make technical changes.
ANALYSIS:
Existing law:
- Establishes in Federal law the Temporary Assistance to Needy Families (TANF) program to provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives, and to end the dependence on government benefits by promoting job preparation, work and marriage. (45 CFR 260.2)
- Establishes California Work Opportunity and Responsibility to Kids (CalWORKs), administered by CDSS, to provide cash benefits, employment training and other supports to low-income families through a combination of state and county funds and federal funds through the TANF block grant. (WIC 11200, et seq.)
- Provides that a participant who is participating in a CalWORKs welfare-to-work (WTW) activity is eligible for $30 per month to assist with diaper costs for each child who is under 36 months of age (WIC 11323.2(a)(2)(A))
- Requires that infants in licensed care centers shall be kept clean and dry at all times; the infant care center ensures that the infant has sufficient changes of clothing and diapers so that his/her clothing and diapers can be clean and dry at all times; and each infant's clothing and diapers is changed as often as necessary to ensure that the infant is clean and dry at all times. (CCR Title 22, 101428 (b))
This bill:
- Requires CDSS, subject to an appropriation in the annual Budget Act or another statute, to establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
- Allows CDSS to determine the method of distributing program funds and requires CDSS allocate the program funds to participating entities, as specified.
- Requires CDSS to conduct outreach to, and consider, eligible entities for participation in the program. Further, specifies that eligible entities including but are not limited to:
- Emergency Food Assistance Program providers
- Member of the California Association of Food Banks
- Members of nonprofit organization Feeding America that are based in California
- Other nonprofit organizations that distribute diapers and wipes.
- Specifies that CDSS must require all participating entities to report on a quarterly basis to department at a minimum, all of the following information:
- Number of diapers and wipes distributed;
- Number of families assisted and the ages of the families’ infants or toddlers; and,
- Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
- Requires CDSS to post on its internet website a list of the entities participating in the Diaper and Wipe Distribution Program.
- Requires funding appropriated to implement the Diaper and Wipe Distribution Program to be spent within 36 months after receipt.
- Permits CDSS, of any funds appropriated to the department for the Diaper and Wipe Distribution Program, to use up to 10 percent for purposes of administrative costs to implement the program.
- Makes technical changes.
Comments
Author’s statement. According to the author, “Diapers are an expensive, crucial need for the first years of a child’s life, yet they are not covered by existing safety-net programs like CalFresh and the [Special Supplemental Nutrition Program for] Women, Infants and Children (WIC). Working, low-income parents often must choose between purchasing diapers or other basic needs. AB 1015 would create a statewide diaper and wipe distribution program for low-income families.”
The author further states, “This bill aims to expand the existing Diaper Bank Program to all 58 counties to ensure diapers and wipes are accessible statewide. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers.”
Cost of Diapers. According to the National Diaper Bank Network, a coalition of 240 member diaper banks, infants require up to 12 diapers per day and toddlers require about 8 diapers per day. The National Diaper Bank Network also reports that disposable diapers cost on average $80-$100 per month per baby and one in three families struggle to purchase diapers. The Diaper Bank, a nonprofit research group, reports that most licensed daycare centers do not accept cloth diapers and require parents to supply their own disposable diapers for their children. The Diaper Bank also reports that low-income parents cannot take advantage of free or subsidized childcare if they cannot afford to leave disposable diapers at childcare centers. Without access to daycare, parents are less able to attend work or school on a consistent basis. More than half (56 percent) of parents using child care to go to work have missed work because of an inadequate diaper supply. Additionally, for sanitary reasons, coin-operated laundromats often don’t allow customers to wash cloth diapers.
When families do not have access to an adequate supply of diapers it can also lead to adverse medical conditions for their children. An American Journal of Public Health study found that, “diaper need is linked to multiple adverse infant and caregiver outcomes. Without diaper changes at regular intervals, young children are susceptible to dermatological and urinary tract infections. The stress of diaper rash and the experience of diaper need are associated with parental anxiety and elevated levels of maternal depressive symptoms.”
Diaper Distribution Programs and Food Banks. The Diaper Bank program was established through the 2021 Budget Act with a $30 million allocation for CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the handling, transportation, and storage of diapers to low-income families in only eight counties through the following food banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. Since July 1, 2021, these organizations have served 818,741 children through the Diaper Bank Program. The organizations must expend the allocated funds on or before June 30, 2024. This bill establishes a similar diaper and wipes program in all 58 counties using food banks and other partnering entities for distribution.
Food banks, located throughout California, collect and distribute food to hunger-relief entities, like food pantries or food closets, which in turn distribute the food within their local communities. They distribute United States Department of Agriculture food commodities through bags or boxes directly provided to those in need. Typically, these food distribution programs do not require clients to demonstrate necessity or eligibility. This makes food banks a natural partner to distribute diapers to families experiencing food insecurity.
Under existing state and federal law, diapers and wipes are not a covered expense in social service safety-net programs like Medi-Cal, CalFresh, and the WIC program. However, beginning on April 1, 2018, through the passage of AB 480 (Gonzalez Fletcher, Chapter 690, Statutes of 2017), CalWORKs’ WTW participants became eligible to receive up to $30 as a reimbursable ancillary expense to cover some of the cost of diapers for infants and toddlers. To qualify for the diaper benefit, the person must be a recipient of CalWORKs, be participating in WTW and in good standing with CalWORKs program requirements, and have a child under 36 months old.
This bill requires the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program and utilizes the existing infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers.
Federal Diaper Distribution Demonstration and Research Pilot. Beginning September 2022, the United States Department of Health and Human Services, Office of Community Services (OCS), in partnership with the Office of Planning, Evaluation, and Research, launched the first federal diaper assistance program, the Diaper Distribution Demonstration and Research Pilot, also known as the Diaper Distribution Pilot (Pilot), which made $8 million available to create its first federally funded diaper assistance program in six states (Washington, Arizona, Iowa, Virginia, North Carolina, and South Carolina). The Pilot’s goal is to help address diaper needs and increase economic security for low-income families and provides funding to expand existing diaper distribution services through a network of community partners. In addition to providing diapers, Pilot grantees and their partners, including, social service agencies and diaper banks, connect families to economic mobility and family support services, such as Early Head Start, job training and educational support, and housing services.
This bill, upon an appropriation from the Legislature, requires CDSS to establish and administer the Diaper and Wipe Distribution Program for low-income families with infants and toddlers. This bill requires CDSS to conduct outreach to, and consider, eligible entities for participation in the program, and permits CDSS to use up to 10 percent of the program’s funding for administrative costs to implement the program.
Related/Prior Legislation
AB 128 (Ting, Chapter 21, Statutes of 2021) allocated $30 million to CDSS to provide grants to organizations to provide diapers to low-income families with infants or toddlers.
SB 92 (Committee on Budget and Fiscal Review, Chapter 34, Statutes of 2019) exempted from sales and use tax the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, diapers for infants, toddlers, and children, and menstrual hygiene products.
AB 480 (Gonzalez Fletcher, Chapter 690, Statutes of 2017) included a $30-per-month benefit to assist with diaper costs for each child under three years old as a necessary supportive service pursuant to a CalWORKs participant's WTW plan, required CDSS to develop implementing regulations, provided that no continuous appropriation for public assistance be made to implement the provisions of AB 480, and made technical changes.
AB 492 (Gonzalez, 2015) would have provided CalWORKs recipients participating in WTW activities, commencing October 1, 2020, necessary supportive services to also include a diaper benefit in the amount of $50 per month for diapers for every child two years of age or younger enrolled in child care. The bill was vetoed by the Governor.
AB 1516 (Gonzalez, 2014) would have provided CalWORKs recipients an $80 per month young child special needs assessment, for the purpose of purchasing diapers, for every child two years of age or younger in the assistance unit. The bill was held in the Senate Appropriations Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, unknown ongoing General Fund costs, likely millions, to provide funding for the distribution program. In addition, ongoing General Fund costs, likely hundreds of thousands, for CDSS for state operations.
SUPPORT: (Verified 9/8/23)
California Catholic Conference
California Legislative Women's Caucus
Children Now
First 5 Los Angeles
National Association of Social Workers, California Chapter
OPPOSITION: (Verified 9/8/23)
None received
ASSEMBLY FLOOR: 80-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Bridgett Hankerson / HUMAN S. / (916) 651-1524
9/11/23 17:59:36
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1015 |
THIRD READING
Bill No: AB 1015
Author: Calderon (D), et al.
Amended: 9/1/23 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/19/23
AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab
SENATE APPROPRIATIONS COMMITTEE: 5-0, 9/1/23
AYES: Portantino, Ashby, Bradford, Wahab, Wiener
NO VOTE RECORDED: Jones, Seyarto
ASSEMBLY FLOOR: 80-0, 5/30/23 - See last page for vote
SUBJECT: Diaper and wipe distribution program
SOURCE: Author
DIGEST:
This bill requires the California Department of Social Services (CDSS), upon receipt of an appropriation, to administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
ANALYSIS:
Existing law:
- Establishes in Federal law the Temporary Assistance to Needy Families (TANF) program to provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives, and to end the dependence on government benefits by promoting job preparation, work and marriage. (45 CFR 260.2)
- Establishes California Work Opportunity and Responsibility to Kids (CalWORKs), administered by CDSS, to provide cash benefits, employment training and other supports to low-income families through a combination of state and county funds and federal funds through the TANF block grant. (WIC 11200, et seq.)
- Provides that a participant who is participating in a CalWORKs welfare-to-work (WTW) activity is eligible for $30 per month to assist with diaper costs for each child who is under 36 months of age (WIC 11323.2(a)(2)(A))
- Requires that infants in licensed care centers shall be kept clean and dry at all times; the infant care center ensures that the infant has sufficient changes of clothing and diapers so that his/her clothing and diapers can be clean and dry at all times; and each infant's clothing and diapers is changed as often as necessary to ensure that the infant is clean and dry at all times. (CCR Title 22, 101428 (b))
This bill:
- Requires CDSS, subject to an appropriation in the annual Budget Act or another statute, to establish and administer the Diaper and Wipe Distribution Program for low-income families with infants or toddlers.
- Allows CDSS to determine the method of distributing program funds and requires CDSS allocate the program funds to participating entities, as specified.
- Requires CDSS to conduct outreach to, and consider, eligible entities for participation in the program. Further, specifies that eligible entities including but are not limited to:
- Emergency Food Assistance Program providers
- Member of the California Association of Food Banks
- Members of nonprofit organization Feeding America that are based in California
- Other nonprofit organizations that distribute diapers and wipes.
- Specifies that CDSS must require all participating entities to report on a quarterly basis to department at a minimum, all of the following information:
- Number of diapers and wipes distributed;
- Number of families assisted and the ages of the families’ infants or toddlers; and,
- Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
- Requires CDSS to post on its internet website a list of the entities participating in the Diaper and Wipe Distribution Program.
- Requires funding appropriated to implement the Diaper and Wipe Distribution Program to be spent within 36 months after receipt.
Comments
According to the author, “Diapers are an expensive, crucial need for the first years of a child’s life, yet they are not covered by existing safety-net programs like CalFresh and the [Special Supplemental Nutrition Program for] Women, Infants and Children (WIC). Working, low-income parents often must choose between purchasing diapers or other basic needs. AB 1015 would create a statewide diaper and wipe distribution program for low-income families.”
The author further states, “This bill aims to expand the existing Diaper Bank Program to all 58 counties to ensure diapers and wipes are accessible statewide. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers.”
Cost of Diapers. According to the National Diaper Bank Network, a coalition of 240 member diaper banks, infants require up to 12 diapers per day and toddlers require about 8 diapers per day. The National Diaper Bank Network also reports that disposable diapers cost on average $80-$100 per month per baby and one in three families struggle to purchase diapers. The Diaper Bank, a nonprofit research group, reports that most licensed daycare centers do not accept cloth diapers and require parents to supply their own disposable diapers for their children. The Diaper Bank also reports that low-income parents cannot take advantage of free or subsidized childcare if they cannot afford to leave disposable diapers at childcare centers. Without access to daycare, parents are less able to attend work or school on a consistent basis. More than half (56 percent) of parents using child care to go to work have missed work because of an inadequate diaper supply. Additionally, for sanitary reasons, coin-operated laundromats often don’t allow customers to wash cloth diapers.
When families do not have access to an adequate supply of diapers it can also lead to adverse medical conditions for their children. An American Journal of Public Health study found that, “diaper need is linked to multiple adverse infant and caregiver outcomes. Without diaper changes at regular intervals, young children are susceptible to dermatological and urinary tract infections. The stress of diaper rash and the experience of diaper need are associated with parental anxiety and elevated levels of maternal depressive symptoms.”
Diaper Distribution Programs and Food Banks. The Diaper Bank program was established through the 2021 Budget Act with a $30 million allocation for CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the handling, transportation, and storage of diapers to low-income families in only eight counties through the following food banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. Since July 1, 2021, these organizations have served 818,741 children through the Diaper Bank Program. The organizations must expend the allocated funds on or before June 30, 2024. This bill establishes a similar diaper and wipes program in all 58 counties using food banks and other partnering entities for distribution.
Food banks, located throughout California, collect and distribute food to hunger-relief entities, like food pantries or food closets, which in turn distribute the food within their local communities. They distribute United States Department of Agriculture food commodities through bags or boxes directly provided to those in need. Typically, these food distribution programs do not require clients to demonstrate necessity or eligibility. This makes food banks a natural partner to distribute diapers to families experiencing food insecurity.
Under existing state and federal law, diapers and wipes are not a covered expense in social service safety-net programs like Medi-Cal, CalFresh, and the WIC program. However, beginning on April 1, 2018, through the passage of AB 480 (Gonzalez Fletcher, Chapter 690, Statutes of 2017), CalWORKs WTW participants became eligible to receive up to $30 as a reimbursable ancillary expense to cover some of the cost of diapers for infants and toddlers. To qualify for the diaper benefit, the person must be a recipient of CalWORKs, be participating in WTW and in good standing with CalWORKs program requirements, and have a child under 36 months old.
This bill requires the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program and utilizes the existing infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers.
Federal Diaper Distribution Demonstration and Research Pilot. Beginning September 2022, the United States Department of Health and Human Services, Office of Community Services (OCS), in partnership with the Office of Planning, Evaluation, and Research, launched the first federal diaper assistance program, the Diaper Distribution Demonstration and Research Pilot, also known as the Diaper Distribution Pilot (Pilot), which made $8 million available to create its first federally funded diaper assistance program in six states (Washington, Arizona, Iowa, Virginia, North Carolina, and South Carolina). The Pilot’s goal is to help address diaper needs and increase economic security for low-income families and provides funding to expand existing diaper distribution services through a network of community partners. In addition to providing diapers, Pilot grantees and their partners, including, social service agencies and diaper banks, connect families to economic mobility and family support services, such as Early Head Start, job training and educational support, and housing services.
This bill, upon an appropriation from the Legislature, requires CDSS to establish and administer the Diaper and Wipe Distribution Program for low-income families with infants and toddlers. This bill also requires CDSS to conduct outreach to, and consider, eligible entities for participation in the program.
Related/Prior Legislation
AB 128 (Ting, Chapter 21, Statutes of 2021) allocated $30 million to CDSS to provide grants to organizations to provide diapers to low-income families with infants or toddlers.
SB 92 (Committee on Budget and Fiscal Review, Chapter 34, Statutes of 2019), as part of the 2019 Budget Act, exempted from sales and use tax the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, diapers for infants, toddlers, and children, and menstrual hygiene products.
AB 480 (Gonzalez Fletcher, Chapter 690, Statutes of 2017) included a $30-per-month benefit to assist with diaper costs for each child under three years old as a necessary supportive service pursuant to a CalWORKs participant's WTW plan, required CDSS to develop implementing regulations, provided that no continuous appropriation for public assistance be made to implement the provisions of AB 480, and made technical changes.
AB 492 (Gonzalez, 2015) would have provided CalWORKs recipients participating in WTW activities, commencing October 1, 2020, necessary supportive services to also include a diaper benefit in the amount of $50 per month for diapers for every child two years of age or younger enrolled in child care. The bill was vetoed by the Governor.
AB 1516 (Gonzalez, 2014) would have provided CalWORKs recipients an $80 per month young child special needs assessment, for the purpose of purchasing diapers, for every child two years of age or younger in the assistance unit. The bill was held in the Senate Appropriations Committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee, unknown ongoing General Fund costs, likely millions, to provide funding for the distribution program. In addition, ongoing General Fund costs, likely hundreds of thousands, for CDSS for state operations.
SUPPORT: (Verified 9/2/23)
California Catholic Conference
California Legislative Women's Caucus
California Strategies & Advocacy, LLC
Children Now
National Association of Social Workers, California Chapter
OPPOSITION: (Verified 9/2/23)
None received
ASSEMBLY FLOOR: 80-0, 5/30/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
Prepared by: Bridgett Hankerson / HUMAN S. / (916) 651-1524
9/5/23 9:42:33
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1015 (Calderon) - Diaper and wipe distribution program
Version: June 27, 2023 | Policy Vote: HUMAN S. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: September 1, 2023 | Consultant: Agnes Lee |
Bill Summary:
AB 1015 would require the California Department of Social Services (CDSS) to administer a diaper and wipe distribution program for low-income families with infants or toddlers.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2023
Fiscal Impact:
Unknown ongoing General Fund costs, likely millions, to provide funding for the distribution program. In addition, ongoing General Fund costs, likely hundreds of thousands, for CDSS for state operations.
Author Amendments:
Author amendments revise the requirements related to the method for distributing program funds.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1015 (Calderon) - Diaper and wipe distribution program
Version: June 27, 2023 | Policy Vote: HUMAN S. 5 - 0 |
Urgency: No | Mandate: No |
Hearing Date: July 3, 2023 | Consultant: Agnes Lee |
Bill Summary:
AB 1015 would require the California Department of Social Services (CDSS) to administer a diaper and wipe distribution program for low-income families with infants or toddlers.
Fiscal Impact:
The CDSS estimates General Fund costs of $30 million over three years to provide funding for contracts for the distribution program. In addition, CDSS estimates ongoing General Fund costs of approximately $600,000 for state operations.
Background:
The Diaper Bank program was established through the Budget Act of 2021 with a $30 million allocation for CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the handling, transportation, and storage of diapers to low-income families in only eight counties through the following food banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. Since July 1, 2021, these organizations have served 818,741 children through the Diaper Bank Program. The organizations must expend the allocated funds on or before June 30, 2024.
Proposed Law:
Specific provisions of the bill would:
- Require CDSS to administer a diaper and wipe distribution program for low-income families with infants or toddlers.
- Require the financial eligibility criteria, including income threshold, for low-income families under the program to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
- Require that until CDSS administers the program through new contracts, the department must utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program to distribute diapers and wipes to low-income families with infants or toddlers through partnering entities, as specified.
- Subject implementation to an appropriation made in the annual Budget Act or another statute.
-- END --
SENATE COMMITTEE ON HUMAN SERVICES
Senator Alvarado-Gil, Chair
2023 - 2024 Regular
Bill No: | AB 1015 | ||
Author: | Calderon | ||
Version: | May 18, 2023 | Hearing Date: | June 19, 2023 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Bridgett Hankerson | ||
Subject: Diaper and wipe distribution program.
SUMMARY
This bill requires California Department of Social Services (CDSS) to administer a statewide diaper and wipe distribution program (Statewide Diaper Program) for low-income families with infants or toddlers.
ABSTRACT
Existing Law:
- Establishes in Federal law the Temporary Assistance to Needy Families (TANF) program to provide assistance to needy families so that children may be cared for in their own homes or in the homes of relatives, and to end the dependence on government benefits by promoting job preparation, work and marriage. (45 CFR 260.2)
- Establishes California Work Opportunity and Responsibility to Kids (CalWORKs), administered by CDSS, to provide cash benefits, employment training and other supports to low-income families through a combination of state and county funds and federal funds through the TANF block grant. (WIC 11200, et seq.)
- Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment, based on family size and county of residence. (WIC 11450, 11150 et seq.)
- Requires necessary supportive services be made available to every participant in the WTW program within CalWORKs in order to participate in the program activity to which he or she is assigned or to accept employment or requires that the participant be given a good cause waiver. Also requires that those supportive services include child care, transportation costs, ancillary expenses, as defined, personal counseling and case management, if the county provides it. (WIC 11323.2)
- Provides that a participant who is participating in a CalWORKs welfare-to-work (WTW) activity is eligible for thirty dollars ($30) per month to assist with diaper costs for each child who is under 36 months of age (WIC 11323.2(a)(2)(A))
- Requires that infants in licensed care centers shall be kept clean and dry at all times; the infant care center ensures that the infant has sufficient changes of clothing and diapers so that his/her clothing and diapers can be clean and dry at all times; and each infant's clothing and diapers is changed as often as necessary to ensure that the infant is clean and dry at all times. (CCR Title 22, 101428 (b))
This Bill:
- Makes Legislative findings and declarations related to the CalWORKs program that in April 2018 began providing diaper aid as a supportive service, to a person participating in a WTW plan, in the amount of $30 per month for each child who is under 36 months of age.
- Finds that 18 local diaper banks operate in the state, within limited jurisdictions, and that the existing state-funded Diaper Bank Program administered by CDSS involves eight operators serving certain counties, including, but not limited to, the Counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Sonoma, and the City and County of San Francisco.
- Requires CDSS to administer a State Diaper Program for low-income families with infants or toddlers under 36 months of age.
- Requires the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
- Requires CDSS, until it administers a Statewide Diaper Program through new contracts, to utilize the existing Diaper Bank Program infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers under 36 months of age through partnering entities, including, but not limited to, any of the following:
- Agencies of the Emergency Food Assistance Program;
- Members of the California Association of Food Banks;
- Intermediaries;
- Existing grantees under the Diaper Bank Program; and
- Members of California Feeding America.
- Clarifies that these provisions should not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of a Statewide Diaper Program.
- Provides that CDSS will require all participating entities report on a quarterly basis to department at a minimum, all of the following information:
- Number of diapers and wipes distributed;
- Number of low-income families, with infants or toddlers under 36 months of age, assisted;
- How long diaper and wipe supplies last; and,
- Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
- Requires CDSS to make the information described in 7) above, available upon request, excluding any personally identifiable information, whether through an online posting, a submitted report, or another applicable medium.
- Requires CDSS to post on its internet website a list of the entities participating in the Diaper Bank Program or the Statewide Program.
- Stipulates that implementation of a Statewide Diaper Program is subject to an appropriation made in the annual Budget Act or another statute, and prohibits funding appropriated to implement a Statewide Diaper Program from supplant any existing local, state, or federal funds designated for diaper or wipe distribution.
- Prohibits funding appropriated to implement a Statewide Diaper Program from supplant any existing diaper or wipe distribution services. Provides, however, that funding may be granted to currently participating entities under existing contracts for purposes of expanding those services. Further, permits the funding to also be granted to newly participating entities under new contracts for purposes of providing those services.
- Requires funding appropriated to implement a Statewide Diaper Program to be spent within 36 months after receipt, in accordance with existing law.
FISCAL IMPACT
According to the Assembly Appropriations Committee analysis, estimates General Fund (GF) costs of $10 million annually for three years for grants to food banks and other regional entities to expand the Diaper Bank Program statewide.
Estimates GF costs to CDSS of approximately $680,000 annually for four additional staff positions to administer and monitor the expanded program.
(The author is also pursuing this proposal in the budget process.)
BACKGROUND AND DISCUSSION
Purpose of the Bill:
According to the author, “Diapers are an expensive, crucial need for the first years of a child’s life, yet they are not covered by existing safety-net programs like CalFresh and the [Special Supplemental Nutrition Program for] Women, Infants and Children (WIC). Working, low-income parents often must choose between purchasing diapers or other basic needs. AB 1015 would create a statewide diaper and wipe distribution program for low-income families.”
The author further states, “This bill aims to expand the existing Diaper Bank Program to all 58 counties to ensure diapers and wipes are accessible statewide. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers.”
Cost of Diapers
According to the National Diaper Bank Network, a coalition of 240 member diaper banks, infants require up to 12 diapers per day and toddlers require about 8 diapers per day. The National Diaper Bank Network also reports that disposable diapers cost on average $80-$100 per month per baby and one in three families struggle to purchase diapers.[1] The Diaper Bank, a nonprofit research group, reports that most licensed daycare centers do not accept cloth diapers and require parents to supply their own disposable diapers for their children. The Diaper Bank also reports that low-income parents cannot take advantage of free or subsidized childcare if they cannot afford to leave disposable diapers at childcare centers. Without access to daycare, parents are less able to attend work or school on a consistent basis. More than half (56 percent) of parents using child care to go to work have missed work because of an inadequate diaper supply. Additionally, for sanitary reasons, coin-operated laundromats often don’t allow customers to wash cloth diapers.
When families do not have access to an adequate supply of diapers it can also lead to adverse medical conditions for their children. An American Journal of Public Health study found that, “diaper need is linked to multiple adverse infant and caregiver outcomes. Without diaper changes at regular intervals, young children are susceptible to dermatological and urinary tract infections. The stress of diaper rash and the experience of diaper need are associated with parental anxiety and elevated levels of maternal depressive symptoms.”[2]
Diaper Distribution Programs and Food Banks
The Diaper Bank program was established through the 2021 Budget Act with a $30 million allocation for CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the handling, transportation, and storage of diapers to low-income families in only eight counties through the following food banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. Since July 1, 2021, these organizations have served 818,741 children through the Diaper Bank Program. The organizations must expend the allocated funds on or before June 30, 2024. This bill would establish a similar diaper and wipes program in all 58 counties using food banks and other partnering entities for distribution.
Food banks, located throughout California, collect and distribute food to hunger-relief entities, like food pantries or food closets, which in turn distribute the food within their local communities. They distribute United States Department of Agriculture food commodities through bags or boxes directly provided to those in need. Typically, these food distribution programs do not require clients to demonstrate necessity or eligibility. This makes food banks a natural partner to distribute diapers to families experiencing food insecurity.
Under existing state and federal law, diapers and wipes are not a covered expense in social service safety-net programs like Medi-Cal, CalFresh, and the WIC program. However, beginning on April 1, 2018, through the passage of AB 480 (Gonzalez Fletcher, Chapter 690, Statutes of 2017), CalWORKs WTW participants became eligible to receive up to $30 as a reimbursable ancillary expense to cover some of the cost of diapers for infants and toddlers. To qualify for the diaper benefit, the person must be a recipient of CalWORKs, be participating in WTW and in good standing with CalWORKs program requirements, and have a child under 36 months old.
This bill would require the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program and would utilize the existing infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers.
Federal Diaper Distribution Demonstration and Research Pilot
Beginning September 2022, the United States Department of Health and Human Services, Office of Community Services (OCS), in partnership with the Office of Planning, Evaluation, and Research, launched the first federal diaper assistance program, the Diaper Distribution Demonstration and Research Pilot, also known as the Diaper Distribution Pilot (Pilot), which made $8 million available to create its first federally funded diaper assistance program in six states (Washington, Arizona, Iowa, Virginia, North Carolina, and South Carolina). The Pilot’s goal is to help address diaper needs and increase economic security for low-income families and provides funding to expand existing diaper distribution services through a network of community partners. In addition to providing diapers, Pilot grantees and their partners, including, social service agencies and diaper banks, connect families to economic mobility and family support services, such as Early Head Start, job training and educational support, and housing services.
This bill, upon an appropriation from the Legislature, would create a statewide diaper and wipe distribution program.
Related/Prior Legislation:
AB 128 (Ting, Chapter 21, Statutes of 2021) allocated $30 million to CDSS to provide grants to organizations to provide diapers to low-income families with infants or toddlers.
SB 92 (Committee on Budget and Fiscal Review, Chapter 34, Statutes of 2019) as part of the 2019 Budget Act, exempted from sales and use tax the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, diapers for infants, toddlers, and children, and menstrual hygiene products.
AB 480 (Gonzalez Fletcher, Chapter 690, Statutes of 2017) included a $30-per-month benefit to assist with diaper costs for each child under three years old as a necessary supportive service pursuant to a CalWORKs participant's WTW plan, required CDSS to develop implementing regulations, provided that no continuous appropriation for public assistance be made to implement the provisions of AB 480, and made technical changes.
AB 492 (Gonzalez, 2015) would have provided CalWORKs recipients participating in WTW activities, commencing October 1, 2020, necessary supportive services to also include a diaper benefit in the amount of $50 per month for diapers for every child 2 years of age or younger enrolled in child care. This bill was vetoed by the governor.
AB 1516 (Gonzalez, 2014) would have provided CalWORKs recipients an $80 per month young child special needs assessment, for the purpose of purchasing diapers, for every child 2 years of age or younger in the assistance unit. This bill was held in the Senate Appropriations Committee.
COMMENTS
Diapers can be an expensive cost for families, especially for families living in poverty. Diaper costs were exacerbated by the Covid-19 pandemic, and have not decreased to pre-pandemic levels. This bill seeks to provide low-income families throughout the state the ability to receive diapers and wipes by requiring CDSS to expand the existing administratively funded Diaper Bank Program and create a new Statewide Diaper Program, which would be available in all 58 counties. According to the author, providing consistent access to diapers and wipes will improve the health and well-being of diaper-age children, meet the immediate needs of underserved families, and provide long-term solutions that alleviate the impact of poverty on our most vulnerable and marginalized caregivers. As the funding for another diaper program expires in June 2023, it will likely leave a gap in services and supports for families in need of diapers and wipes.
PRIOR VOTES
Assembly Floor: | 80 - 0 |
Assembly Appropriations Committee: | 11 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
California Legislative Women's Caucus
California Strategies & Advocacy, LLC
Children Now
National Association of Social Workers, California Chapter
Oppose:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1015
Author:(Calderon)
As Amended Ver:May 18, 2023
Majority vote
SUMMARY
Requires California Department of Social Services (CDSS) to administer a diaper and wipe distribution program for low-income families with infants or toddlers.
Major Provisions
- Requires the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
- Requires CDSS, until it administers the program described in 1), above, through new contracts, to utilize the existing Diaper Bank Program infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers through partnering entities, including, but not limited to, any of the following:
- Agencies of the Emergency Food Assistance Program;
- Members of the California Association of Food Banks;
- Intermediaries; and,
- Existing grantees under the Diaper Bank Programs.
- Members of the California Feeding America.
- Clarifies that these provisions shall not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of this bill.
- Requires CDSS to ensure that all participating entities report on a quarterly basis to CDSS, at a minimum, all of the following information:
- Number of diapers and wipes distributed;
- Number of low-income families assisted, and the ages of the families' infants or toddlers;
- Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
- Requires CDSS to make the information described in 5), available upon request, excluding any personally identifiable information, whether through an online posting, a submitted report, or another applicable medium.
- Requires CDSS to post on its internet website a list of the entities participating in the Diaper Bank Program.
- Stipulates that implementation of these provisions shall be subject to an appropriation made in the annual Budget Act or another statute, and that funding appropriated to implement this section shall not supplant any existing local, state, or federal funds designated for diaper or wipe distribution.
- Specifies that funding appropriated to implement these provisions shall not supplant any existing diaper or wipe distribution services. However, that funding may be granted to currently participating entities under existing contracts for purposes of expanding those services. Permits the funding to also be granted to newly participating entities under new contracts for purposes of providing those services.
- Requires funding appropriated to implement these provisions to be spent within 36 months after receipt of those moneys, in accordance with existing law.
- Makes findings and declarations related to the California Work Opportunity and Responsibility to Kids (CalWORKs) program that in 2018 began providing diaper aid as a supportive service, to a person participating in a welfare-to-work (WTW) plan, in the amount of $30 per month for each child.
- Further finds that 18 local diaper banks operate in the state, within limited jurisdictions, and that the existing state-funded Diaper Bank Program administered by CDSS involves eight operators serving certain counties, including, but not limited to, the Counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Sonoma, and the City and County of San Francisco.
COMMENTS
Diaper Distribution Programs. The Diaper Bank Program was established by the Legislature, through the Budget Act of 2021, and allocated $30 million to CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the storage, handling, and transportation of diapers to low-income families through the following Food Banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. The current Diaper Bank Program only reaches eight counties. This bill would establish a similar program in all 58 counties using food banks and other partnering entities to distribute diapers and wipes to those in need.
Food Banks are a natural partner for diaper distribution and tend to serve overlapping populations of those who are food insecure and unable to afford diapers. Food banks throughout California provide United States Department of Agriculture commodities for distribution to eligible individuals and households and have geographic and income eligibility requirements. Food banks are a part of the national emergency food system which also includes soup kitchens and food pantries. Low-income parents often turn to diaper banks, who were likely employed adults who have missed work because of diaper need, resulting in barriers to economic mobility.
Under existing state and federal law, diapers and wipes are not a covered expense in social services safety-net programs like CalFresh, the Women Infant and Children program, and Medi-Cal. However, in 2018, as a result of AB 480 (Gonzalez Fletcher), Chapter 690, Statutes of 2017, CalWORKs did begin covering the cost of diapers for infants and toddlers up to $30 as a reimbursable ancillary expense for participants with young children in the WTW program. To qualify for the diaper supportive service, WTW participants are required to have a child under 36 months and either be a recipient of CalWORKs. These supportive service payments are only provided to qualifying WTW program participants who are in good standing with CalWORKs program requirements and actively participating in the WTW activities.
This bill would require the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program and would utilize the existing infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers through partnering entities including a member of the California Association of Food Banks.
In September 2022, through the Office of Community Services, in partnership with the Office of Planning, Evaluation, and Research, launched a new Diaper Distribution Demonstration and Research Pilot, also known as the Diaper Distribution Pilot which made $8 million available to create its first federally funded diaper assistance program in six states (Washington, Arizona, Iowa, Virginia, North Carolina, and South Carolina). The pilot program was established to help address diaper needs and increase economic security, for families experiencing poverty. This program provides funding to expand existing diaper distribution services through a network of community partners that provide anti-poverty services. In addition to providing diapers, grantees and their partners, including, social service agencies and diaper banks, will connect families to economic mobility and family support services such as job training, educational support, Early Head Start, and housing services.
Unmet diaper needs. Children require diapers from the day they are born, and are an expense that all parents must incur. The average infant goes through 8 to 12 diapers a day, which totals over $200 a month, and several thousand per year. For someone earning the federal minimum wage, diaper costs can total as much as 8% ($100 per month) of their total income. Providing diapers is also typically a requirement to attend daycare programs and not having diapers to provide can then become an impediment to accessing childcare causing missed work, school, etc. To reduce the financial impacts of costly diapers and wipes, many caregivers have reported borrowing money from family or friends, stretching time between diaper changes, reusing soiled diapers, using outgrown diapers, and leaving children diaper-less to stretch their supply. In addition, not being able to appropriately diaper children can lead to being reported to Child Protective Services for neglect, which could lead to child welfare services system-involvement, further stressing a family already under tremendous stress to meet basic needs.
When caregivers are not able to keep children clean, dry, and healthy, infants can experience negative health outcomes, which becomes a health equity issue. Studies show that a lack of diapers increases incidences of diaper rash and painful infections, which can lead to medical visits and incurring additional costs for families. Unmet diaper needs are not only a public health issue, but also a barrier to economic mobility for low-income families, with one in three struggling to afford diapers across the country. Parents and caregivers who rely on child care services and do not have enough diapers and wipes often cannot drop their children off at childcare. This leads to missed early education opportunities for toddlers and a monthly average of four missed days of work or school for parents. More than half (56%) of parents using child care to go to work have missed work because of an inadequate diaper supply.
Equity Implications: Research indicates that about one in three mothers in the United States (U.S.) struggle with diaper scarcity. Providing funding to distribute diapers and wipes to families in need has been demonstrated to be an effective anti-poverty strategy. There are not currently enough diaper bank programs throughout the state to meet the needs of many families who are already struggling to pay the soaring costs of rent, transportation and healthcare, let alone the added costs of diapers. Since the start of the COVID-19 pandemic, the need for diaper assistance has grown dramatically and persisted to record levels.
According to the National Center for Children in Poverty, in 2015, almost half of U.S. families with one or more babies or toddlers of diapering age were living at or below 200% of the federal poverty level (FPL), and nearly half of those lived in households at just 100% FPL. Children of color are overrepresented among families living in poverty: among children under 18 living at or below 100% FPL this includes 30% of Native American children, 31% of Black children, 10% of Asian/Pacific Islander children, and 23% of Hispanic/Latino children (compared to 10% of White children) in the U.S.
By expanding the existing Diaper Bank Program, it would address the inequity in meeting diaper needs across the state, especially in counties without diaper bank programs or with sparsely spread out community organizations. By expanding the diaper bank program, families in need would have consistent access to diapers and wipes, which could improve the health of children, meet the needs of underserved families, and help to alleviate the impact of poverty on vulnerable families.
According to the Author
"[This bill] would create a statewide diaper and wipe distribution program for low-income families. Diapers are an expensive, crucial need for the first years of a child's life, yet they are not covered by existing safety-net programs like CalFresh and the Women, Infants and Children (WIC) program. Working, low-income parents often must to choose between purchasing diapers or other basic needs.
"This bill aims to expand the existing Diaper Bank Program to all 58 counties to ensure diapers and wipes are accessible statewide. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers."
Arguments in Support
According to the California Women's Legislative Caucus, "There are currently only 18 local diaper bank programs in the state, with the existing state Diaper Bank program only reaching the counties of San Diego, Los Angeles, Orange, Fresno, San Francisco, Sacramento, Sonoma, and San Bernardino. Since the start of the pandemic, the need for diaper assistance has grown dramatically and persisted to record levels. When caregivers are not able to keep children clean, dry, and healthy, infants can experience negative health outcomes such as diaper rashes and painful infections. Unmet diaper needs are not only a public health issue, but also a barrier to economic mobility for low-income families.
AB 1015 requires the California Department of Social Services to expand the existing Diaper Bank Program to all 58 counties, or through other means necessary, to ensure diapers and wipes are accessible statewide. This bill allows participating counties to accept grant applications from community organizations and to award grants to approved recipients.
Distributing consistent access to diapers and wipes will improve the health and well-being of diaper-age children, meet the immediate needs of underserved families, and provide long-term solutions that alleviate the impact of poverty on our most vulnerable and marginalized caregivers."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Assembly Appropriations Committee on May 3, 2023, "The Budget Act of 2021 established the state-funded Diaper Bank Program and allocated $30 million to CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers the costs of storage, handling, and transportation of diapers to low-income families through local food banks. The Diaper Bank Program involves eight operators serving the counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, Sonoma, and San Francisco. In addition, 18 local diaper banks operate in the state, within limited jurisdictions.
This bill establishes a statewide program using food banks and other partnering entities to distribute diapers and wipes to those in need. Until the new program is up and running, this bill requires CDSS to utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program. The bill also allows entities distributing diapers or wipes through the existing Diaper Bank Program to continue under the new Statewide Program using existing contracts."
VOTES
ASM HUMAN SERVICES: 7-0-1
YES: Jackson, Sanchez, Alanis, Arambula, Bryan, Calderon, Garcia
ABS, ABST OR NV: Bonta
ASM APPROPRIATIONS: 11-0-5
YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega
ABS, ABST OR NV: Megan Dahle, Dixon, Mathis, Robert Rivas, Sanchez
UPDATED
VERSION: May 18, 2023
CONSULTANT: Alexandria Smith / HUM. S. / (916) 319-2089 FN: 0000942
Date of Hearing: May 3, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1015
Author:(Calderon) – As Amended Ver:April 11, 2023
Policy Committee: | Human Services | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the California Department of Social Services (CDSS) to establish a statewide diaper and wipe distribution program for qualifying low-income families.
Specifically, this bill:
- Requires CDSS, subject to an appropriation for this purpose, to administer a statewide diaper and wipe distribution program (Statewide Program) for low-income families with infants or toddlers under 36 months of age, and the bill requires the financial eligibility criteria to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
- Requires CDSS, until it administers the Statewide Program through new contracts, to utilize the existing Diaper Bank Program infrastructure and existing contracts to distribute diapers and wipes through partnering entities including agencies of the Emergency Food Assistance Program, members of the California Association of Food Banks, intermediaries and existing grantees under the Diaper Bank Program.
- Clarifies the provisions of this bill are not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of the Statewide Program.
- Requires CDSS to ensure all participating entities report specified data and information regarding the program on a quarterly basis to CDSS, and requires CDSS to make the information available upon request, as specified.
- Requires CDSS to post on its internet website a list of the entities participating in the Diaper Bank Program or the Statewide Program.
- Stipulates funding appropriated to implement these provisions not supplant existing local, state, or federal funds designated for diaper or wipe distribution, or any existing diaper or wipe distribution services, but allows funding to be granted to currently participating entities to expand services and to newly participating entities to provide those services.
- Requires funding appropriated to implement these provisions to be spent within 36 months after receipt of those moneys, in accordance with existing law.
FISCAL EFFECT:
- Estimated General Fund (GF) costs of $10 million annually for three years for grants to food banks and other regional entities to expand the Diaper Bank Program statewide.
- Estimated GF costs to CDSS of approximately $680,000 annually for four additional staff positions to administer and monitor the expanded program.
(The author is also pursuing this proposal in the budget process.)
COMMENTS:
- Purpose. The author of this bill seeks to help low-income families better meet basic needs by expanding the existing Diaper Bank Program statewide. According to the Author:
Diapers are an expensive, crucial need for the first years of a child’s life, yet they are not covered by existing safety-net programs like CalFresh and the Women, Infants and Children (WIC) program. Working, low-income parents often must to choose between purchasing diapers or other basic needs. This bill aims to expand the existing Diaper Bank Program to all 58 counties to ensure diapers and wipes are accessible statewide. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers.
- Background. The average infant goes through eight to 12 diapers a day, which can cost over $200 a month, and several thousand dollars per year. To reduce the financial impacts of diapers and wipes, parents and caregivers have reported stretching time between diaper changes, reusing soiled diapers, using outgrown diapers, and leaving children diaper-less to stretch their supply. When caregivers are not able to keep children clean, dry, and healthy, infants can experience negative health outcomes. In addition, because providing diapers is typically a requirement to attend daycare programs, parents and caregivers who do not have enough diapers often cannot drop their children off at childcare. This leads to missed early education opportunities for toddlers and missed days of work or school for parents.
Under existing state and federal law, diapers and wipes are not a covered expense in social services safety-net programs like CalFresh, the Women Infant and Children (WIC) program, and Medi-Cal. In 2018, as a result of AB 480 (Gonzalez Fletcher), Chapter 690, Statutes of 2017, CalWORKs began providing a $30-per-month benefit to assist with diaper costs for each child under three years old as a necessary supportive service for participants with young children in the welfare-to-work program.
- Diaper Distribution Programs. The Budget Act of 2021 established the state-funded Diaper Bank Program and allocated $30 million to CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers the costs of storage, handling, and transportation of diapers to low-income families through local food banks. The Diaper Bank Program involves eight operators serving the counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, Sonoma, and San Francisco. In addition, 18 local diaper banks operate in the state, within limited jurisdictions.
This bill establishes a statewide program using food banks and other partnering entities to distribute diapers and wipes to those in need. Until the new program is up and running, this bill requires CDSS to utilize the existing Diaper Bank Program infrastructure and existing contracts with the Diaper Bank Program. The bill also allows entities distributing diapers or wipes through the existing Diaper Bank Program to continue under the new Statewide Program using existing contracts.
- Prior Legislation. AB 128 (Ting), Chapter 21, Statutes of 2021, allocated $30 million to CDSS to provide grants to organizations to provide diapers to low-income families with infants or toddlers.
SB 92 (Committee on Budget and Fiscal Review), Chapter 34, Statutes of 2019, as part of the 2019 Budget Act, exempted diapers for infants, toddlers, and children, and menstrual hygiene products from the state sales and use tax.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 18, 2023
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Corey A. Jackson, Chair
ABPCA Bill Id:AB 1015 (
Author:Calderon) – As Amended Ver:April 11, 2023
SUBJECT: Diaper and wipe distribution program
SUMMARY: Establishes a statewide diaper and wipe distribution program under the California Department of Social Services (CDSS) for qualifying low-income families. Specifically, this bill:
- Requires CDSS to administer a statewide diaper and wipe distribution program (Statewide Program) for low-income families with infants or toddlers under 36 months of age.
- Requires the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program.
- Requires CDSS, until it administers the Statewide Program through new contracts, to utilize the existing Diaper Bank Program infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers under 36 months of age through partnering entities, including, but not limited to, any of the following:
- Agencies of the Emergency Food Assistance Program;
- Members of the California Association of Food Banks;
- Intermediaries; and,
- Existing grantees under the Diaper Bank Program.
- Clarifies that these provisions shall not be construed to require new contracts for existing entities distributing diapers or wipes through the Diaper Bank Program, even after implementation of the Statewide Program.
- Requires CDSS to ensure that all participating entities report on a quarterly basis to CDSS, at a minimum, all of the following information:
- Number of diapers and wipes distributed;
- Number of low-income families, with infants or toddlers under 36 months of age, assisted;
- How long diaper and wipe supplies last; and,
- Total dollars expended for the procurement, shipping, and warehousing or storage of diapers and wipes.
- Requires CDSS to make the information described in 5), available upon request, excluding any personally identifiable information, whether through an online posting, a submitted report, or another applicable medium.
- Requires CDSS to post on its internet website a list of the entities participating in the Diaper Bank Program or the Statewide Program.
- Stipulates that implementation of these provisions shall be subject to an appropriation made in the annual Budget Act or another statute, and that funding appropriated to implement this section shall not supplant any existing local, state, or federal funds designated for diaper or wipe distribution.
- Specifies that funding appropriated to implement these provisions shall not supplant any existing diaper or wipe distribution services. However, that funding may be granted to currently participating entities under existing contracts for purposes of expanding those services. Permits the funding to also be granted to newly participating entities under new contracts for purposes of providing those services.
- Requires funding appropriated to implement these provisions to be spent within 36 months after receipt of those moneys, in accordance with existing law.
- Makes findings and declarations related to the California Work Opportunity and Responsibility to Kids (CalWORKs) program that in 2018 began providing diaper aid as a supportive service, to a person participating in a welfare-to-work (WTW) plan, in the amount of $30 per month for each child who is under 36 months of age.
- Further finds that 18 local diaper banks operate in the state, within limited jurisdictions, and that the existing state-funded Diaper Bank Program administered by CDSS involves eight operators serving certain counties, including, but not limited to, the Counties of Fresno, Los Angeles, Orange, Sacramento, San Bernardino, San Diego, and Sonoma, and the City and County of San Francisco.
EXISTING LAW:
- Establishes under federal law the “Temporary Assistance for Needy Families” (TANF) program to provide aid and WTW services to eligible families and, in California, provides that TANF funds for WTW services are administered through the CalWORKs program. (42 United States Code [U.S.C.] 601 et seq., Welfare and Institutions Code Section [WIC] 11200 et seq.)
- Establishes income, asset and real property limits used to determine eligibility for the program, including net income below the Maximum Aid Payment, based on family size and county of residence. (WIC 11150 to 11160, 11450 et seq.)
- Establishes a 48-month lifetime limit on CalWORKs benefits for eligible adults, including a period beyond the "24 month clock" during which a recipient must meet federal work requirements in order to retain eligibility. (WIC 11454, 11322.85)
- Requires all individuals over 16 years of age, unless they are otherwise exempt, to participate in welfare-to-work activities as a condition of eligibility for CalWORKs. (WIC 11320.3, 11322.6)
- Establishes the number of weekly hours of WTW participation necessary to remain eligible for aid, as specified. (WIC 11322.8)
- Requires necessary supportive services to be available to every CalWORKs participant in order to participate in an assigned program activity or to accept employment, to include child care, transportation costs, ancillary expenses – which include the cost of books, tools, clothing specifically required for the job, fees, and other necessary costs – and personal counseling, as specified. (WIC 11323.2)
FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.
COMMENTS:
Background: Diaper Distribution Programs. The Diaper Bank Program was established by the Legislature, through the Budget Act of 2021, and allocated $30 million to CDSS to provide grants to organizations to distribute diapers to low-income families with infants or toddlers. The Diaper Bank Program covers costs associated with the storage, handling, and transportation of diapers to low-income families through the following Food Banks: Central California Food Bank, Jacobs and Cushman San Diego Food Bank, Los Angeles Regional Food Bank, Help a Mother Out, Community Action Partnership of Orange County, Sacramento Food Bank & Family Services, Community Action Partnership of San Bernardino, and Redwood Empire Food Bank. The current Diaper Bank Program only reaches eight counties. This bill would establish a similar program in all 58 counties using food banks and other partnering entities to distribute diapers and wipes to those in need.
Food Banks are a natural partner for diaper distribution and tend to serve overlapping populations of those who are food insecure and unable to afford diapers. Food banks throughout California provide United States Department of Agriculture commodities for distribution to eligible individuals and households and have geographic and income eligibility requirements. Food banks are a part of the national emergency food system which also includes soup kitchens and food pantries. Low-income parents often turn to diaper banks, who were likely employed adults who have missed work because of diaper need, resulting in barriers to economic mobility.
Under existing state and federal law, diapers and wipes are not a covered expense in social services safety-net programs like CalFresh, the Women Infant and Children program, and
Medi-Cal. However, in 2018, as a result of AB 480 (Gonzalez Fletcher), Chapter 690, Statutes of 2017, CalWORKs did begin covering the cost of diapers for infants and toddlers up to $30 as a reimbursable ancillary expense for participants with young children in the WTW program. To qualify for the diaper supportive service, WTW participants are required to have a child under 36 months and either be a recipient of CalWORKs. These supportive service payments are only provided to qualifying WTW program participants who are in good standing with CalWORKs program requirements and actively participating in the WTW activities.
This bill would require the financial eligibility criteria, including income threshold, for low-income families to be the same as the financial eligibility criteria developed under the existing administratively created Diaper Bank Program and would utilize the existing infrastructure and contracts to distribute diapers and wipes to low-income families with infants or toddlers under 36 months of age through partnering entities including a member of the California Association of Food Banks.
In September 2022, through the Office of Community Services, in partnership with the Office of Planning, Evaluation, and Research, launched a new Diaper Distribution Demonstration and Research Pilot, also known as the Diaper Distribution Pilot which made $8 million available to create its first federally funded diaper assistance program in six states (Washington, Arizona, Iowa, Virginia, North Carolina, and South Carolina). The pilot program was established to help address diaper needs and increase economic security, for families experiencing poverty. This program provides funding to expand existing diaper distribution services through a network of community partners that provide anti-poverty services. In addition to providing diapers, grantees and their partners, including, social service agencies and diaper banks, will connect families to economic mobility and family support services such as job training, educational support, Early Head Start, and housing services.
Unmet diaper needs. Children require diapers from the day they are born, and are an expense that all parents must incur. The average infant goes through 8 to 12 diapers a day, which totals over $200 a month, and several thousand per year. For someone earning the federal minimum wage, diaper costs can total as much as 8% ($100 per month) of their total income. Providing diapers is also typically a requirement to attend daycare programs and not having diapers to provide can then become an impediment to accessing childcare causing missed work, school, etc. To reduce the financial impacts of costly diapers and wipes, many caregivers have reported borrowing money from family or friends, stretching time between diaper changes, reusing soiled diapers, using outgrown diapers, and leaving children diaper-less to stretch their supply. In addition, not being able to appropriately diaper children can lead to being reported to Child Protective Services for neglect, which could lead to child welfare services system-involvement, further stressing a family already under tremendous stress to meet basic needs.
When caregivers are not able to keep children clean, dry, and healthy, infants can experience negative health outcomes, which becomes a health equity issue. Studies show that a lack of diapers increases incidences of diaper rash and painful infections, which can lead to medical visits and incurring additional costs for families. Unmet diaper needs are not only a public health issue, but also a barrier to economic mobility for low-income families, with one in three struggling to afford diapers across the country. Parents and caregivers who rely on child care services and do not have enough diapers and wipes often cannot drop their children off at childcare. This leads to missed early education opportunities for toddlers and a monthly average of four missed days of work or school for parents. More than half (56%) of parents using child care to go to work have missed work because of an inadequate diaper supply.
Author’s Statement: According to the Author, “[This bill] would create a statewide diaper and wipe distribution program for low-income families. Diapers are an expensive, crucial need for the first years of a child’s life, yet they are not covered by existing safety-net programs like CalFresh and the Women, Infants and Children (WIC) program. Working, low-income parents often must to choose between purchasing diapers or other basic needs.
“This bill aims to expand the existing Diaper Bank Program to all 58 counties to ensure diapers and wipes are accessible statewide. Offering consistent access to these basic needs will improve the health and well-being of children and provide long-term solutions that alleviate the impact of poverty on our most vulnerable caregivers.”
Need for this bill: This bill is looking to take the current Diaper Bank Program statewide in an effort to meet the needs of all parents in the state who would benefit from having access to diapers and wipes when needed. Currently, the Diaper Bank Program serves only some counties.
Equity Implications: Research indicates that about one in three mothers in the United States (U.S.) struggle with diaper scarcity. Providing funding to distribute diapers and wipes to families in need has been demonstrated to be an effective anti-poverty strategy. There are not currently enough diaper bank programs throughout the state to meet the needs of many families who are already struggling to pay the soaring costs of rent, transportation and healthcare, let alone the added costs of diapers. Since the start of the COVID-19 pandemic, the need for diaper assistance has grown dramatically and persisted to record levels.
According to the National Center for Children in Poverty, in 2015, almost half of U.S. families with one or more babies or toddlers of diapering age were living at or below 200% of the federal poverty level (FPL), and nearly half of those lived in households at just 100% FPL. Children of color are overrepresented among families living in poverty: among children under 18 living at or below 100% FPL this includes 30% of Native American children, 31% of Black children, 10% of Asian/Pacific Islander children, and 23% of Hispanic/Latino children (compared to 10% of White children) in the U.S.
By expanding the existing Diaper Bank Program into a 58-county statewide program, it would address the inequity in meeting diaper needs across the state, especially in counties without diaper bank programs or with sparsely spread out community organizations. By establishing a statewide diaper bank program, families in need would have consistent access to diapers and wipes, which could improve the health of children, meet the needs of underserved families, and help to alleviate the impact of poverty on vulnerable families.
RELATED AND PRIOR LEGISLATION:
AB 128 (Ting), Chapter 21, Statutes of 2021, allocated $30 million to CDSS to provide grants to organizations to provide diapers to low-income families with infants or toddlers.
SB 92 (Committee on Budget and Fiscal Review), Chapter 34, Statutes of 2019, as part of the 2019 Budget Act, exempted from sales and use tax the gross receipts from the sale in this state of, and the storage, use, or other consumption in this state of, diapers for infants, toddlers, and children, and menstrual hygiene products.
AB 480 (Gonzalez Fletcher), Chapter 690, Statutes of 2017, included a $30-per-month benefit to assist with diaper costs for each child under three years old as a necessary supportive service pursuant to CalWORKs participant's WTW plan, required CDSS to develop implementing regulations, provided that no continuous appropriation for public assistance shall be made to implement the provisions of AB 480, and made technical changes.
REGISTERED SUPPORT / OPPOSITION:
Support
California Legislative Women's Caucus
National Association of Social Workers, California Chapter
Opposition
None on file
Analysis Prepared by: Jessica Langtry/ HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):