BILL NUMBER: SB 134 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senator Hueso
JANUARY 28, 2013
An act to amend Section 18926.5 of, and to add Sections
18923.5 and Section 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.
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.
Existing law authorizes counties to participate in the CalFresh
Employment and Training (CalFresh E & T)
program (CalFresh E&T) , established by
federal law with the purpose of assisting members of CalFresh
households to obtain regular employment , 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 years
of age or 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 , in a county that elects to participate in the
program, that 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 the 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
no . 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 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. It is further the intent of the Legislature
to work with the federal government to remove barriers to food
assistance for military families.
SEC. 2. Section 18923.5 is added to the Welfare
and Institutions Code, to read:
18923.5. 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.
SEC. 3. SEC. 2. 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, 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 in 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. SEC. 3. Section 18926.6 is
added to the Welfare and Institutions Code, to read:
18926.6. A In a county that elects to
participate in the CalFresh E & T program, 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 the 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.