Amended in Senate May 28, 2013

Amended in Senate April 8, 2013

Senate BillNo. 134


Introduced by Senator Hueso

January 28, 2013


An act to amend Section 18926.5 of, and to addbegin delete Sections 18923.5 andend deletebegin insert Sectionend insert 18926.6 to, the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 134, as amended, Hueso. CalFresh eligibility.

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 CalFresh. Under existing state law, pursuant to CalFresh, California’s federal allocation is distributed to eligible individuals by each county. Existing law establishes eligibility and benefit level requirements for receipt of CalFresh benefits.

begin delete

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.

end delete

Existing law authorizes counties to participate in the CalFresh Employment and Trainingbegin insert (CalFresh E&T)end insert programbegin delete (CalFresh E&T)end delete, established by federal lawbegin insert with the purpose of assisting members of CalFresh households to obtain regular employmentend insert, 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 16begin delete andend deletebegin insert years of age orend insert over 60 years of age.

This bill would require participating counties to defer from the CalFresh E&T program a person who isbegin delete currently serving in the United States Armed Forces or isend delete a veteran who has been honorably discharged from the United States Armed Forces. The bill would requirebegin insert, in a county that elects to participate in the program, thatend 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,begin delete toend delete be provided with a referral to local veterans’ assistance and job training agencies and given the opportunity to participate as a volunteer inbegin insert theend insert CalFresh E&Tbegin delete if the county participates. By requiring counties to offer referral services to veterans, this bill would impose a state-mandated localend delete program.

begin delete

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.

end delete
begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

It is the intent of the Legislature in enacting this
2act to limit barriers to food assistance for low-income veterans and
3their families and to increase referrals to veteran-oriented job
4training programs.begin insert It is further the intent of the Legislature to work
5with the federal government to remove barriers to food assistance
6for military families.end insert

begin delete7

SEC. 2.  

Section 18923.5 is added to the Welfare and
8Institutions Code
, to read:

9

18923.5.  

The State Department of Social Services shall submit
10a request to the United States Department of Agriculture, on or
11before December 31, 2014, to waive the provisions of Section
P3    1273.9(c)(1)(vii) of Title 7 of the Code of Federal Regulations in
2order to exclude the basic allowance for housing for a member of
3a uniformed service, per Section 403(a) of Title 37 of the United
4States Code, from countable income in the calculation of eligibility
5and benefit level for purposes of CalFresh. The waiver requested
6under this section shall be implemented within six months from
7the approval of the waiver.

end delete
8

begin deleteSEC. 3.end delete
9begin insertSEC. 2.end insert  

Section 18926.5 of the Welfare and Institutions Code
10 is amended to read:

11

18926.5.  

(a) For the purposes of this chapter, “CalFresh
12Employment and Training program” or “CalFresh E&T” means
13the program established under Section 6(d)(4)(B) of the federal
14Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section
15273.7 of Title 7 of the Code of Federal Regulations, and associated
16administrative notices published by the United States Department
17of Agriculture with the purpose of assisting members of CalFresh
18households in gaining skills, training, work, or experience that will
19increase their ability to obtain regular employment.

20(b) (1) A county that elects to participate in the CalFresh
21Employment and Training (CalFresh E&T) program, as authorized
22by the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015),
23 shall screen CalFresh work registrants to determine whether they
24will participate in, or be deferred from, the CalFresh E&T program.
25If deferred, a CalFresh work registrant may request to enroll in the
26CalFresh E&T program as a voluntary participant. An individual
27shall be deferred from a mandatory placement in the CalFresh
28E&T program if he or she satisfies any of the criteria in Sections
29273.7 and 273.24 of Title 7 of the Code of Federal Regulations, if
30he or she resides in a federally determined work surplus area, or
31if he or she isbegin delete currently serving in the United States Armed Forces
32or isend delete
a veteran who has been honorably discharged from the United
33States Armed Forces.

34(2) For purposes of this section, “deferred” has the same
35meaning as exempt.

36(c) (1) A county that elects to participate in the CalFresh E&T
37program shall be required to demonstrate in its CalFresh E&T plan
38how it is effectively using CalFresh E&T funds for each of the
39components that the county offers, including, but not limited to,
40any of the following:

P4    1(A) Self-initiated workfare.

2(B) Work experience or training.

3(C) Education.

4(D) Job search.

5(E) The support services or client reimbursements needed to
6participate in subparagraphs (A) to (D), inclusive, as allowed by
7federal law and guidance.

8(2) Nothing in this section shall be construed to require a county
9to offer a particular component as a part of its CalFresh E&T plan.

10(d) Nothing in this section shall limit a county’s ability to
11condition the receipt of nonmedical benefits under Section 17000
12on an individual’s participation in an employment and training or
13workfare program of the county’s choice, even if that program is
14financed in whole orbegin insert inend insert part with CalFresh E&T funds or match
15funds.

16(e) Nothing in this section shall restrict the use of federal funds
17for the financing of CalFresh E&T programs.

18(f) Nothing in this section shall be construed to require a county
19to provide for workers’ compensation coverage for a CalFresh
20E&T participant. Notwithstanding Division 4 (commencing with
21Section 3200) of the Labor Code, a CalFresh E&T participant shall
22not be an employee for the purposes of workers’ compensation
23coverage and a county shall have no duty to provide workers’
24compensation coverage for a CalFresh E&T participant.

25(g) Notwithstanding the rulemaking provisions of the
26Administrative Procedure Act (Chapter 3.5 (commencing with
27Section 11340) of Part 1 of Division 3 of Title 2 of the Government
28Code), the department may implement this section by all-county
29letters or similar instructions. Thereafter, the department shall
30adopt regulations to implement this section by October 1, 2013.

31

begin deleteSEC. 4.end delete
32begin insertSEC. 3.end insert  

Section 18926.6 is added to the Welfare and Institutions
33Code
, to read:

34

18926.6.  

begin deleteA end deletebegin insertIn a county that elects to participate in the CalFresh
35E&T program, a end insert
veteran applying for CalFresh benefits who is
36required to register to work, but who is exempt from mandatory
37placement in the CalFresh E&T program pursuant to Section
3818926.5, shall be provided with a referral to local veterans’
39assistance and job training agencies and be given the opportunity
P5    1to participate as a volunteer inbegin insert theend insert CalFresh E&Tbegin delete if the county
2administers thatend delete
program.

begin delete
3

SEC. 5.  

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.

end delete


O

    97