BILL NUMBER: AB 1930 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN ASSEMBLY MAY 13, 2014
AMENDED IN ASSEMBLY MAY 6, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Skinner
( Coauthor: Senator Liu
)
FEBRUARY 19, 2014
An act to add Section 18901.11 to the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1930, as amended, Skinner. CalFresh: student eligibility.
Existing federal law provides for the Supplemental Nutrition
Assistance Program (SNAP), known in California as CalFresh, formerly
the Food Stamp Program, under which supplemental nutrition assistance
benefits allocated to the state by the federal government are
distributed to eligible individuals by each county. Under existing
law, households are eligible to receive CalFresh benefits to the
extent permitted by federal law. Existing federal law provides that
students who are enrolled in college or other institutions of higher
education at least half time are not eligible for SNAP benefits
unless they meet one of several specified exemptions, including
participating in specified employment training programs.
Existing law establishes the Community College Extended
Opportunity Programs and Services (EOPS) to encourage local community
colleges to establish and implement programs directed to identifying
those students affected by language, social, and economic handicaps,
and to assist those students to achieve their educational objectives
and goals, including, but not limited to, obtaining job skills,
occupational certificates, or associate degrees, and transferring to
4-year institutions.
This bill would require county human services agencies,
in determining the eligibility and benefit level of a student for
CalFresh benefits, to consider all potential exemptions using a
specified protocol. The bill would provide that, for the
purposes of determining eligibility, the EOPS program is a
specified certain educational programs, as determined
by the State Department of Social Services, shall be considered
employment training program, programs,
thereby qualifying a student participating in the EOPS
program one of those programs for an exemption,
unless prohibited by federal law. The bill would also require the
State Department of Social Services, in consultation with
representatives from other specified organizations, to establish a
protocol to identify and grant verify
all potential exemptions and to identify and verify participation in
the EOPS program and other educational programs,
including self-initiated placements, that would qualify a student for
an exemption. The bill would require the department to implement
these provisions by all-county letters or similar instructions
beginning no later than October 1, 2015, until regulations are
adopted, and would require the department to adopt regulations on or
before October 1, 2017. The bill would require the department to seek
and obtain federal approval, as specified, prior to publishing that
guidance or regulation, if the United States Department of
Agriculture requires federal approval. By imposing new
duties on county welfare departments, this bill would create 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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to increase college
graduation rates of low-income Californians and to reduce the
incidence of economic hardship and hunger among low-income college
students.
SEC. 2. Section 18901.11 is added to the Welfare and Institutions
Code, to read:
18901.11. (a) In determining the eligibility and benefit level of
a student subject to the eligibility rule described in Section 273.5
(a) of Title 7 of the Code of Federal Regulations, county human
services agencies shall consider all potential exemptions described
in Section 273.5(b) of Title 7 of the Code of Federal Regulations,
using the protocol established pursuant to subdivision (c).
(b)
18901.11. (a) For the purposes of Section
273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations,
the Community College Extended Opportunity Programs and
Services established pursuant to Article 8 (commencing with Section
69640) of Chapter 2 of Part 42 of Division 5 of Title 3 of the
Education Code an educational program that could be a
component of a CalFresh E & T program
described in Section 18926.5, as identified by the department,
shall be considered an employment and training program
established pursuant to under Section 273.7 of
Title 7 of the Code of Federal Regulations, unless prohibited by
federal law.
(c)
(b) The department shall, in consultation with
representatives of the office of the Chancellor of the California
Community Colleges, offices of the Chancellor of the California State
University, University of California Chancellors' offices, the
California Workforce Investment Board, county human services
agencies, and advocates for students and clients, establish a
protocol to identify and grant verify
all potential exemptions to the eligibility rule described in Section
273.5(a) of Title 7 of the Code of Federal Regulations, and to
identify and verify participation in the Community College
Extended Opportunity Programs and other educational
programs, including, but not limited to, self-initiated placements,
that would exempt a student from the eligibility rule described in
Section 273.5(a) of Title 7 of the Code of Federal Regulations. To
the extent possible, this consultation shall take place through
existing workgroups convened by the department.
(d)
(c) If the United States Department of Agriculture
requires federal approval of the exemption designation established
pursuant to subdivision (b) (a) and the
protocol established pursuant to subdivision (c),
(b), the department shall seek and obtain that approval
before publishing the guidance or regulation required by subdivision
(f). (e).
(e)
(d) (1) This section does not require a county human
services agency to offer a particular component, support services, or
worker's compensation to a student found eligible for an exemption
pursuant to this section.
(2) This section does not restrict or require the use of federal
funds for the financing of CalFresh E&T programs.
(3) This section does not require a college or university to
provide a student with information necessary to verify eligibility
for CalFresh.
(f)
(e) 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 shall implement this section by all-county letters or
similar instructions beginning no later than October 1, 2015, until
regulations are adopted. The department shall adopt regulations
implementing this section on or before October 1, 2017.
SEC. 3. 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.