Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 191


Introduced by Assembly Member Bocanegra

January 28, 2013


An act to amendbegin delete Sectionend deletebegin insert Sections 18901.2 andend insert 18901.5 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 191, as amended, Bocanegra. begin deleteCalFresh: categorical eligibility. end deletebegin insertCalFresh.end insert

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(1) Existing law requires the Department of Community Services and Development to receive and administer the federal Low-Income Home Energy Assistance Program (LIHEAP) block grant. Under existing law, to the extent permitted by federal law, the State Department of Social Services, in conjunction with the Department of Community Services and Development, is required to design, implement, and maintain a utility assistance initiative to grant applicants and recipients of CalFresh benefits a nominal LIHEAP service benefit, as specified, out of the federal LIHEAP block grant. Existing law provides that, to the extent permitted by federal law, a CalFresh household receiving or anticipating receipt of a nominal LIHEAP service benefit is entitled to use the full standard utility allowance (SUA) for purposes of calculating CalFresh benefits.

end insert
begin insert

This bill would, if the demand for the nominal LIHEAP service benefit exceeds allocated funding, require both departments to report that information to the Legislature and develop a plan to maintain the program as intended. The bill would require the State Department of Social Services to ensure that the receipt of the nominal LIHEAP service benefit does not adversely affect a CalFresh household’s eligibility or reduce the household’s CalFresh benefits. The bill would provide that if use of the full SUA, rather than the homeless shelter deduction, results in a lower amount of CalFresh benefits for a homeless household, the homeless household would be entitled to use the homeless shelter deduction.

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begin delete

Existing

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begin insert(2)end insertbegin insertend insertbegin insertExistingend insert law provides for the federal Supplemental Nutrition Assistance Program (SNAP), under which each county distributes nutrition assistance benefits provided by the federal government to eligible households, and the CalWORKs program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. In California, federal nutrition assistance benefits are administered through CalFresh.

Existing law also provides for the Medi-Cal program, which is administered by the State Department of Health Care Services, pursuant to which medical benefits are provided to public assistance recipients and other low-income persons.

Under existing law, the State Department of Social Services is required to develop a program of categorical eligibility under CalFresh for needy households who meet all other SNAP eligibility requirements, in accordance with federal law.

This bill would require the State Department of Social Services, to the extent permitted by federal law, tobegin delete waiveend deletebegin insert raiseend insertbegin insert the maximum gross income allowed inend insert the CalFresh gross income test for any individual who is categorically eligible for CalFresh and who is a member of a household that receives, or is eligible to receive, medical assistance under the Medi-Cal program.

Because counties administer CalFresh, this bill would increase county duties by potentially expanding the eligible population, and would thereby impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 18901.2 of the end insertbegin insertWelfare and Institutions
2Code
end insert
begin insert is amended to read:end insert

3

18901.2.  

(a) It is the intent of the Legislature to create a
4program in California that provides a nominal Low-Income Home
5Energy Assistance Program (LIHEAP) service benefit, through
6the LIHEAP block grant, to all recipient households of CalFresh
7so that they are made aware of services available under LIHEAP
8and so that some households may experience an increase in federal
9Supplemental Nutrition Assistance Program benefits, as well as
10benefit from paperwork reduction.

11(b) To the extent permitted by federal law, the State Department
12of Social Services (DSS) shall, in conjunction with the Department
13of Community Services and Development (CSD), design,
14implement, and maintain a utility assistance initiative: the “Heat
15and Eat” program.

16(1) The nominal LIHEAP service benefit shall be funded through
17the LIHEAP block grant provided by the CSD to the DSS upon
18receipt by the CSD of the LIHEAP block grant funds from the
19federal funding authorities.

20(2) The total amount transferred shall be the product of the
21nominal LIHEAP service benefit established by the CSD in the
22LIHEAP state plan multiplied by the number of CalFresh recipient
23households as agreed upon annually by the CSD and the DSS.

24(3) The total amount transferred shall be reduced by any
25unexpended or reinvested amounts remaining from prior transfers
26for the nominal LIHEAP service benefits as provided in
27subparagraph (C) of paragraph (1) of subdivision (c).

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28(4) Should the demand for the nominal LIHEAP service benefit
29exceed allocated funding established by the CSD in the LIHEAP
30state plan, the CSD and the DSS shall report that information to
31the Legislature and develop a plan to maintain the program as
32intended.

end insert

33(c) In implementing and maintaining the utility assistance
34initiative, the State Department of Social Services shall do all of
35the following:

36(1) (A) Grant all recipient households of CalFresh benefits
37pursuant to this chapter a nominal LIHEAP service benefit out of
P4    1the federal LIHEAP block grant (42 U.S.C. Sec.begin delete 8261end deletebegin insert 8621end insert et
2seq.).

3(B) In establishing the nominal LIHEAP service benefit amount,
4the department shall take into consideration that the benefit level
5need not provide significant utility assistance.

6(C) Any funds allocated for this purpose not expended by
7CalFresh recipient households shall be recouped through the “Heat
8and Eat” program and reinvested into the program on an annual
9basis as determined by both departments.

10(2) Provide the nominal LIHEAP service benefit without
11requiring the applicant or recipient to provide additional paperwork
12or verification.

13(3) To the extent permitted by federal law and to the extent
14federal funds are available, provide the nominal LIHEAP service
15benefit annually to each recipient of CalFresh benefits.

16(4) Deliver the nominal LIHEAP service benefit using the
17Electronic Benefit Transfer (EBT) system or other nonpaper
18delivery system.

19(5) Ensure that receipt of the nominal LIHEAP service benefit
20pursuant to this section shall notbegin insert adversely affect a CalFresh
21recipient household’s eligibility, reduce a household’s CalFresh
22benefits, orend insert
disqualify the applicant or recipient of CalFresh
23benefits from receiving other nominal LIHEAP service benefits
24or other utility benefits for which they qualify.

25(d) Recipients of the nominal LIHEAP service benefit pursuant
26to this section shall remain subject to the additional eligibility
27requirements for LIHEAP assistance as outlined in the California
28LIHEAP state plan, developed by the CSD.

29(e) begin insert(1)end insertbegin insertend insert To the extent permitted by federal law, a CalFresh
30household receiving or anticipating receipt ofbegin insert aend insert nominal LIHEAP
31servicebegin delete benefitsend deletebegin insert benefitend insert pursuant to the utility assistance initiative
32or any other law shall be entitled to use the full standard utility
33allowance (SUA) for the purposes of calculating CalFresh benefits.
34A CalFresh household shall be entitled to use the full SUA
35regardless of whether the nominal LIHEAP service benefit is
36actually redeemed.

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37(2) If use of the full SUA, instead of the homeless shelter
38deduction, results in a lower amount of CalFresh benefits for a
39homeless household, the homeless household shall be entitled to
40use the homeless shelter deduction instead of the full SUA.

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P5    1(f) The department shall implement the initiative by January 1,
22013.

end delete
3

begin deleteSECTION 1.end delete
4begin insertSEC. 2.end insert  

Section 18901.5 of the Welfare and Institutions Code
5 is amended to read:

6

18901.5.  

(a) (1) The department shall establish a program of
7categorical eligibility for CalFresh in accordance with Section 5(a)
8of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec.
92014(a)), and implementing regulations, to improve nutrition and
10promote the retention and development of assets and resources for
11needy households who meet all other federal Supplemental
12Nutrition Assistance Program eligibility requirements. Categorical
13eligibility for CalFresh shall also apply to any individual who is
14a member of a household that will be receiving or is eligible to
15receive cash assistance under Part 5 (commencing with Section
1617000), or eligible to receive food assistance under Chapter 10.1
17(commencing with Section 18930).

18(2) The department, to the extent permitted by federal law, shall
19begin delete waiveend deletebegin insert raise the maximum gross income allowed inend insert the CalFresh
20gross income test for any individual who is categorically eligible
21for CalFresh pursuant to paragraph (1), and who is a member of
22a household that receives, or is eligible to receive, medical
23assistance under Chapter 7 (commencing with Section 14000) of
24Part 3.

25(b) The director shall implement the program established
26pursuant to this section only with the appropriate federal
27authorization and if implementation would not result in the loss
28of federal financial participation.

29(c) Notwithstanding the rulemaking provisions of the
30Administrative Procedure Act (Chapter 3.5 (commencing with
31Section 11340) of Part 1 of Division 3 of Title 2 of the Government
32Code) and Section 10554, until emergency regulations are filed
33with the Secretary of State, the State Department of Social Services
34may implement the changes made by subdivision (a) through
35all-county letters or similar instructions from the director. The
36department shall adopt emergency regulations as necessary to
37implement those amendments on or before January 1, 2010. The
38program established pursuant to this section shall be established
39on or before July 1, 2009, and shall be fully implemented as to
40new applicants for CalFresh on or before January 1, 2010.

P6    1(d) The department shall adopt regulations to implement this
2section. The adoption, amendment, repeal, or readoption of a
3regulation authorized by this section is deemed to address an
4emergency, for purposes of Sections 11346.1 and 11349.6 of the
5Government Code, and the department is hereby exempted for this
6purpose from the requirements of subdivision (b) of Section
711346.1 of the Government Code. The emergency regulations shall
8be exempt from review by the Office of Administrative Law. The
9department shall adopt final regulations implementing the program
10authorized by this section on or before July 1, 2010.

11

begin deleteSEC. 2.end delete
12begin insertSEC. 3.end insert  

If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.



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