BILL NUMBER: AB 191 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 27, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
INTRODUCED BY Assembly Member Bocanegra
JANUARY 28, 2013
An act to amend Sections 18901.2 and
Section 18901.5 of the Welfare and Institutions Code, relating
to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 191, as amended, Bocanegra. CalFresh.
CalFresh: categorical eligibility.
(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.
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.
(2) Existing
Existing 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 raise the maximum
gross income allowed in the CalFresh design and
implement a program of categorical eligibility for the purpose of
establishing the gross income test
limit for the federal Temporary Assistanc e for Needy
Families and state maintenance of effort funded
service that confers categorical eligibility for any
individual who household that is categorically
eligible for CalFresh and who is and that
includes a member of a household that
who 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:
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.
SEC. 2. SECTION 1. 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
raise the maximum gross income allowed in the CalFresh
design and implement a program of categorical
eligibility for CalFresh for the purpose of establishing the
gross income test limit for the federal
Temporary Assistance for Needy Families and state maintenance of
effort funded service that confers
categorical eligibility for any individual who
household that is categorically eligible
for CalFresh pursuant to paragraph (1), and
who is that includes a member
of a household that who 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.
SEC. 3. SEC. 2. 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.