Amended in Senate April 8, 2013

Senate Bill No. 134

Introduced by Senator begin delete Rubio end delete begin insert Hueso end insert

January 28, 2013

An act to begin delete add end delete begin insert amend end insert Section begin delete 18928 to end delete begin insert 18926.5 of, and to add Sections 18923.5 and 18926.6 to, end insert the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 134, as amended, begin delete Rubio end delete   begin insert Hueso end insert . begin delete CalFresh. end delete begin insert CalFresh eligibility. end insert

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, under which nutrition assistance benefits, formerly referred to as food stamps, are allocated to each state by the federal government. That program, as administered in California, is known as begin delete CAlFresh end delete begin insert CalFresh end insert . Under existing state law, pursuant to CalFresh, California’s federal allocation is distributed to eligible individuals by each county. begin delete Existing law authorizes a county to deliver CalFresh benefits through the use of an electronic benefits transfer (EBT) system and also prohibits recipients from purchasing certain items with their CalFresh benefits. end delete begin insert Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits. end insert

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This bill would require the State Department of Social Services to submit a request to the United States Department of Agriculture, on or before December 31, 2014, to waive a specified federal requirement in order to exclude the basic allowance for housing for members of a uniformed service from countable income in the calculation of CalFresh eligibility and benefit level and would require the waiver to be implemented within 6 months of being granted.

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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.

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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 E&T program, to be provided with a referral to local veterans’ assistance and job training agencies and 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.

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This bill would, to the extent permitted by federal law, require the State Department of Social Services to modify the list of allowable food items purchasable under CalFresh to prohibit recipients of CalFresh benefits from purchasing with those benefits sweetened beverages containing more than 10 calories per cup, except as specified. The bill would require the department to seek all necessary federal approvals to implement these provisions.

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To the extent that this bill would increase the duties of county officials that administer CalFresh, this bill would impose a state-mandated local program.

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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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begin insert SECTION 1. end insert   

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It is the intent of the Legislature in enacting this
act to limit barriers to food assistance for low-income veterans
and their families and to increase referrals to veteran-oriented
job training programs.

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begin insert SEC. 2. end insert   

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begin insert Section 18923.5 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

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begin insert 18923.5. end insert   

The State Department of Social Services 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 in
order to exclude the basic allowance for housing for a member of
a uniformed service, per Section 403(a) of Title 37 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.

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begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 18926.5 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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,
begin delete or end delete if he or she resides in a federally determined work surplus begin delete area. end delete
begin insert 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. end insert

(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.

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begin insert SEC. 4. end insert   

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begin insert Section 18926.6 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

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begin insert 18926.6. end insert   

A veteran applying for CalFresh benefits who is
required to register to work, but who is exempt from mandatory
placement in the CalFresh E&T 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.

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SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Two-thirds of adults and nearly one in three children are
overweight or obese in the United States. The federal Centers for
Disease Control and Prevention reports that 24.8 percent of
Californians are obese. Obesity presents a major financial burden
to the state because it is associated with common chronic conditions
including heart disease, diabetes, and cancer. The “obesogenic”
elements of American society must be addressed to improve both
the public and fiscal health of the nation.

(b) In May 2010, the White House Task Force on Childhood
Obesity called for the nation’s food assistance programs to
contribute to the solution to the multifaceted problem of obesity
by ensuring access to nutritious foods. Currently, under the United
States Department of Agriculture (USDA) guidelines for the federal
Supplemental Nutrition Assistance Program (SNAP), CalFresh
recipients have a relatively large degree of freedom with respect
to which food products they may purchase with their SNAP dollars,
through the Golden State Advantage Electronic Benefits Transfer
(EBT) card. There are a number of items, however, that are not
allowed to be purchased with the EBT card at point-of-sale,
including alcoholic beverages, cigarettes, cat litter, and hot foods.

(c) While the USDA claims that SNAP’s stated goal is to
“provide food assistance to raise levels of nutrition among
low-income individuals,” recent epidemiological and public health
studies focused on California’s SNAP population have indicated
that SNAP participants are more likely to be obese than non-SNAP
participants. Additionally, soda consumption among participants
is significantly higher than nonparticipants.

(d) Excess consumption of sugar-sweetened beverages,
including, but not limited to, soda, promotes both tooth decay and
increased body weight in children while providing few essential
nutrients. Additionally, SNAP recipients purchase at least 40
percent more sugar-sweetened beverages than do other consumers,
according to the USDA’s National Health and Nutrition Survey.

(e) In response, the Legislature is requesting the State
Department of Social Services to seek all necessary federal
approvals to modify the list of allowable foods that may be
purchased with CalFresh benefits in California to prohibit the
purchase of sugar-sweetened beverages, including, but not limited
to, sodas, that have little or no nutritional value and contribute to
obesity and poor health outcomes.

SEC. 2.  

Section 18928 is added to the Welfare and Institutions
Code, to read:

18928.  

(a) To the extent permitted by federal law, the State
Department of Social Services shall modify the list of allowable
food items that may be purchased with federal Supplemental
Nutrition Assistance Program dollars under CalFresh so that no
CalFresh benefits may be used to purchase sweetened beverages
containing more than 10 calories per cup, except that CalFresh
benefits may be used to purchase juice without added sugar, milk
products, and milk substitutes, even if sweetened.

(b) The department shall use culturally sensitive campaigns to
promote the modifications made to CalFresh pursuant to this
section as well as the benefits of healthy and nutritious eating
habits.

(c) In implementing this section, the department may collaborate
with any public or nongovernmental organizations that promote
the health and well-being of all Californians.

(d) The department shall seek all necessary federal approvals
to implement this section, which may include a waiver of federal
law from the United States Department of Agriculture.

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begin delete SEC. 3. end delete
begin insert SEC. 5. 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.