Amended in Assembly August 5, 2013

Amended in Senate May 28, 2013

Amended in Senate April 8, 2013

Senate Bill No. 134

Introduced by Senator Hueso

January 28, 2013

An act to amend Section 18926.5 of, and to add 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.

Existing law authorizes counties to participate in the CalFresh Employment and Training (CalFresh E&T) program, 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 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 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, be provided with a referral to begin insert the local county veterans service office and a referral to end insert local veterans’ assistance and job training agencies begin insert , if those agencies are known to the county, end insert and given the opportunity to participate as a volunteer in the CalFresh E&T program.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: 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 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 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. 3.  

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

18926.6.  

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 begin insert be given the opportunity to participate as a volunteer
in the CalFresh E& end insert begin insert T program end insert begin insert , and shall end insert be provided with a
referral to begin insert the end insert local begin insert county veterans service office and a referral
to end insert veterans’ assistance and job training agencies begin delete and be given the
opportunity to participate as a volunteer in the CalFresh E&T
program end delete begin insert , if those veterans’ assistance and job training agencies
are known to the county end insert .