Amended in Senate June 27, 2013

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 191

Introduced by Assembly Member Bocanegra

January 28, 2013

An act to amend begin delete Sections 18901.2 and end delete begin insert Section end insert 18901.5 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 191, as amended, Bocanegra. begin delete CalFresh. end delete begin insert CalFresh: categorical eligibility. 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.

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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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(2) Existing

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begin insert Existing end 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, to begin delete raise the maximum gross income allowed in the CalFresh end delete begin insert design and implement a program of categorical eligibility for the purpose of establishing the end insert gross income begin delete test end delete begin insert limit for the federal Temporary Assistance for Needy Families end insert begin insert and state maintenance of effort end insert begin insert funded service that confers categorical eligibility end insert for any begin delete individual who end delete begin insert household that end insert is categorically eligible begin delete for CalFresh and who is end delete begin insert and that includes end insert a member begin delete of a household that end delete begin insert who end insert 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:

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SECTION 1.  

Section 18901.2 of the Welfare and Institutions
Code is amended to read:

18901.2.  

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

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

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

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

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

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

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

(1) (A) Grant all recipient households of CalFresh benefits
pursuant to this chapter a nominal LIHEAP service benefit out of
the federal LIHEAP block grant (42 U.S.C. Sec. 8621 et seq.).

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

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

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

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

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

(5) Ensure that receipt of the nominal LIHEAP service benefit
pursuant to this section shall not adversely affect a CalFresh
recipient household’s eligibility, reduce a household’s CalFresh
benefits, or disqualify the applicant or recipient of CalFresh
benefits from receiving other nominal LIHEAP service benefits
or other utility benefits for which they qualify.

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

(e) (1) To the extent permitted by federal law, a CalFresh
household receiving or anticipating receipt of a nominal LIHEAP
service benefit pursuant to the utility assistance initiative or any
other law shall be entitled to use the full standard utility allowance
(SUA) for the purposes of calculating CalFresh benefits. A
CalFresh household shall be entitled to use the full SUA regardless
of whether the nominal LIHEAP service benefit is actually
redeemed.

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

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

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

18901.5.  

(a) (1) The department shall establish a program of
categorical eligibility for CalFresh in accordance with Section 5(a)
of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec.
2014(a)), and implementing regulations, to improve nutrition and
promote the retention and development of assets and resources for
needy households who meet all other federal Supplemental
Nutrition Assistance Program eligibility requirements. Categorical
eligibility for CalFresh shall also apply to any individual who is
a member of a household that will be receiving or is eligible to
receive cash assistance under Part 5 (commencing with Section
17000), or eligible to receive food assistance under Chapter 10.1
(commencing with Section 18930).

(2) The department, to the extent permitted by federal law, shall
begin delete raise the maximum gross income allowed in the CalFresh end delete begin insert design
and implement a program of categorical eligibility for CalFresh
for the purpose of establishing the end insert gross income begin delete test end delete begin insert limit for the
federal Temporary Assistance for Needy Families and state
maintenance of effort end insert begin insert funded end insert begin insert service that confers categorical
eligibility end insert for any begin delete individual who end delete begin insert household that end insert is categorically
eligible begin delete for CalFresh end delete pursuant to paragraph (1), and begin delete who is end delete begin insert that
includes end insert a member begin delete of a household that end delete begin insert end insert begin insert who end insert receives, or is eligible
to receive, medical assistance under Chapter 7 (commencing with
Section 14000) of Part 3.

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

(c) Notwithstanding 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) and Section 10554, until emergency regulations are filed
with the Secretary of State, the State Department of Social Services
may implement the changes made by subdivision (a) through
all-county letters or similar instructions from the director. The
department shall adopt emergency regulations as necessary to
implement those amendments on or before January 1, 2010. The
program established pursuant to this section shall be established
on or before July 1, 2009, and shall be fully implemented as to
new applicants for CalFresh on or before January 1, 2010.

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

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begin insert SEC. 2. end insert   

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