AB 276, as introduced, Hueso. CalFresh eligibility.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh (formerly the Food Stamp Program), under which nutrition assistance benefits are distributed to eligible individuals by the counties. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits.
This bill would require the state to submit a request to the United States Department of Agriculture, on or before December 31, 2014, to waive the requirement excluding the basic allowance for housing from countable income in the calculation of eligibility and benefit level and would require the waiver to be implemented within 6 months of being granted.
Existing law authorizes counties to participate in the CalFresh Employment and Training Program (CalFresh E&T), established by federal law, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, the CalFresh E&T program. Existing law requires deferral for specified groups, including people under 16 and over 60 years of age.
This bill would require participating counties to defer from the CalFresh E&T program a person who is currently serving in the United States Armed Forces or is a veteran who has been honorably discharged from the United States Armed Forces. The bill would require a veteran applying for CalFresh benefits who is required to register to work, but who is exempt from mandatory placement in the CalFresh Employment and Training Program, to be provided with a referral to local veterans assistance and job training agencies and be given the opportunity to participate as a volunteer in CalFresh E&T if the county participates. By requiring counties to offer referral services to veterans, this bill would 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:
It is the intent of the Legislature in enacting this
2act to limit barriers to food assistance for low income veteran
3families and to increase referrals to veteran-oriented job training
4programs.
Section 18923.5 is added to the Welfare and
6Institutions Code, to read:
The state shall submit a request to the United States
8Department of Agriculture, on or before December 31, 2014, to
9waive the provisions of Section 273.9(c)(1)(vii) of Title 7 of the
10Code of Federal Regulations, excluding the basic allowance for
11housing, per Section 403(a) of Title 7 of the United States Code,
12from countable income in the calculation of eligibility and benefit
13level for purposes of CalFresh. The waiver requested under this
14section shall be implemented within six months from the approval
15of the waiver.
Section 18926.5 of the Welfare and Institutions Code
17 is amended to read:
(a) For the purposes of this chapter, “CalFresh
2Employment and Training program” or “CalFresh E&T” means
3the program established under Section 6(d)(4)(B) of the federal
4Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section
5273.7 of Title 7 of the Code of Federal Regulations, and associated
6administrative notices published by the United States Department
7of Agriculture with the purpose of assisting members of CalFresh
8households in gaining skills, training, work, or experience that will
9increase their ability to obtain regular employment.
10(b) (1) A county that elects to participate in the CalFresh
11Employment and Training (CalFresh E&T) program, as authorized
12by the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015),
13
shall screen CalFresh work registrants to determine whether they
14will participate in, or be deferred from, the CalFresh E&T program.
15If deferred, a CalFresh work registrant may request to enroll in the
16CalFresh E&T program as a voluntary participant. An individual
17shall be deferred from a mandatory placement in the CalFresh
18E&T program if he or she satisfies any of the criteria in Sections
19273.7 and 273.24 of Title 7 of the Code of Federal Regulations,
20begin delete orend delete if he or she resides in a federally determined work surplus areabegin insert,
21or if he or she is currently serving in the United States Armed
22Forces or is a veteran who has been honorably discharged from
23the United States Armed Forcesend insert.
24(2) For purposes of this section, “deferred” has the same
25meaning as
exempt.
26(c) (1) A county that elects to participate in the CalFresh E&T
27program shall be required to demonstrate in its CalFresh E&T plan
28how it is effectively using CalFresh E&T funds for each of the
29components that the county offers, including, but not limited to,
30any of the following:
31(A) Self-initiated workfare.
32(B) Work experience or training.
33(C) Education.
34(D) Job search.
35(E) The support services or client reimbursements needed to
36participate in subparagraphs (A) to (D), inclusive, as allowed by
37federal law and guidance.
38(2) Nothing in this section shall be construed to require a county
39to offer a particular component as a part of its CalFresh E&T plan.
P4 1(d) Nothing in this section shall limit a county’s ability to
2condition the receipt of nonmedical benefits under Section 17000
3on an individual’s participation in an employment and training or
4workfare program of the county’s choice, even if that program is
5financed in whole or part with CalFresh E&T funds or match funds.
6(e) Nothing in this section shall restrict the use of federal funds
7for the financing of CalFresh E&T programs.
8(f) Nothing in this section shall be construed to require a county
9to provide for workers’ compensation coverage for a CalFresh
10E&T participant. Notwithstanding Division 4 (commencing with
11Section 3200) of the Labor Code, a
CalFresh E&T participant shall
12not be an employee for the purposes of workers’ compensation
13coverage and a county shall have no duty to provide workers’
14compensation coverage for a CalFresh E&T participant.
15(g) Notwithstanding the rulemaking provisions of the
16Administrative Procedure Act (Chapter 3.5 (commencing with
17Section 11340) of Part 1 of Division 3 of Title 2 of the Government
18Code), the department may implement this section by all-county
19letters or similar instructions. Thereafter, the department shall
20adopt regulations to implement this section by October 1, 2013.
Section 18926.6 is added to the Welfare and
22Institutions Code, to read:
A veteran applying for CalFresh benefits who is
24required to register to work, but who is exempt from mandatory
25placement in the CalFresh Employment and Training Program
26pursuant to Section 18926.5, shall be provided with a referral to
27local veterans assistance and job training agencies and be given
28the opportunity to participate as a volunteer in CalFresh E&T if
29the county administers that program.
If the Commission on State Mandates determines that
31this act contains costs mandated by the state, reimbursement to
32local agencies and school districts for those costs shall be made
33pursuant to Part 7 (commencing with Section 17500) of Division
344 of Title 2 of the Government Code.
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