BILL NUMBER: AB 276 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hueso
FEBRUARY 11, 2013
An act to amend Section 18926.5 of, and to add Sections 18923.5
and 18926.6 to, the Welfare and Institutions Code, relating to social
services.
LEGISLATIVE COUNSEL'S DIGEST
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:
SECTION 1. It is the intent of the Legislature in enacting this
act to limit barriers to food assistance for low income veteran
families and to increase referrals to veteran-oriented job training
programs.
SEC. 2. Section 18923.5 is added to the Welfare and Institutions
Code, to read:
18923.5. The state shall submit a request to the United States
Department of Agriculture, on or before December 31, 2014, to waive
the provisions of Section 273.9(c)(1)(vii) of Title 7 of the Code of
Federal Regulations, excluding the basic allowance for housing, per
Section 403(a) of Title 7 of the United States Code, from countable
income in the calculation of eligibility and benefit level for
purposes of CalFresh. The waiver requested under this section shall
be implemented within six months from the approval of the waiver.
SEC. 3. Section 18926.5 of the Welfare and Institutions Code is
amended to read:
18926.5. (a) For the purposes of this chapter, "CalFresh
Employment and Training program" or "CalFresh E&T" means the program
established under Section 6(d)(4)(B) of the federal Food and
Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7
of the Code of Federal Regulations, and associated administrative
notices published by the United States Department of Agriculture with
the purpose of assisting members of CalFresh households in gaining
skills, training, work, or experience that will increase their
ability to obtain regular employment.
(b) (1) A county that elects to participate in the CalFresh
Employment and Training (CalFresh E&T) program, as authorized by the
federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), shall
screen CalFresh work registrants to determine whether they will
participate in, or be deferred from, the CalFresh E&T program. If
deferred, a CalFresh work registrant may request to enroll in the
CalFresh E&T program as a voluntary participant. An individual shall
be deferred from a mandatory placement in the CalFresh E&T program if
he or she satisfies any of the criteria in Sections 273.7 and 273.24
of Title 7 of the Code of Federal Regulations, or
if he or she resides in a federally determined work surplus area
, or if he or she is currently serving in the United States
Armed Forces or is a veteran who has been honorably discharged from
the United States Armed Forces .
(2) For purposes of this section, "deferred" has the same meaning
as exempt.
(c) (1) A county that elects to participate in the CalFresh E&T
program shall be required to demonstrate in its CalFresh E&T plan how
it is effectively using CalFresh E&T funds for each of the
components that the county offers, including, but not limited to, any
of the following:
(A) Self-initiated workfare.
(B) Work experience or training.
(C) Education.
(D) Job search.
(E) The support services or client reimbursements needed to
participate in subparagraphs (A) to (D), inclusive, as allowed by
federal law and guidance.
(2) Nothing in this section shall be construed to require a county
to offer a particular component as a part of its CalFresh E&T plan.
(d) Nothing in this section shall limit a county's ability to
condition the receipt of nonmedical benefits under Section 17000 on
an individual's participation in an employment and training or
workfare program of the county's choice, even if that program is
financed in whole or part with CalFresh E&T funds or match funds.
(e) Nothing in this section shall restrict the use of federal
funds for the financing of CalFresh E&T programs.
(f) Nothing in this section shall be construed to require a county
to provide for workers' compensation coverage for a CalFresh E&T
participant. Notwithstanding Division 4 (commencing with Section
3200) of the Labor Code, a CalFresh E&T participant shall not be an
employee for the purposes of workers' compensation coverage and a
county shall have no duty to provide workers' compensation coverage
for a CalFresh E&T participant.
(g) 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),
the department may implement this section by all-county letters or
similar instructions. Thereafter, the department shall adopt
regulations to implement this section by October 1, 2013.
SEC. 4. Section 18926.6 is added to the Welfare and Institutions
Code, to read:
18926.6. 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 pursuant to Section
18926.5, shall 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 administers
that program.
SEC. 5. 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.