Amended in Senate May 7, 2014

Amended in Senate March 24, 2014

Senate Bill No. 999

Introduced by Senator Liu

February 13, 2014

An act to add Article 7 (commencing with Section 79220) to Chapter 9 of Part 48 of Division 7 of Title 3 of the Education Code, and to amend Section 18926.5 of the Welfare and Institutions Code, relating to social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 999, as amended, Liu. CalFresh: student eligibility.

Existing federal law provides for the federal 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 a student who is enrolled at least half-time in an institution of higher learning is not eligible to receive supplemental nutrition assistance benefits, unless he or she meets one of several specified exemptions.

This bill would require the Office of the Chancellor of the California Community Colleges and the Department of Social Services begin insert , end insert to examine and interpret those exemptions and establish clear and detailed guidelines identifying the categories of students that may qualify for an exemption and the programs in which enrollment may qualify a student for an exemption. begin insert The bill would state the Legislature’s recommendation that the office of the Chancellor of the California State University and the Office of the President of the University of California, in conjunction with the department, similarly examine and interpret those exemptions and establish guidelines. end insert The bill would also require a community college to provide documentation, as specified, to begin delete a student who is enrolled in a program potentially qualifying him or her for end delete begin insert each student identified as qualifying for end insert an exemption. By imposing additional duties on community colleges, this bill would impose a state-mandated local program.

Existing law authorizes counties to participate in the CalFresh Employment and Training begin delete Program end delete begin insert program end insert (CalFresh E&T), established by federal law 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. Existing law requires participating counties to screen CalFresh work registrants to determine whether the registrants will participate in, or be deferred from, the CalFresh E&T program. Existing law requires a county that elects to participate in CalFresh E&T to demonstrate how it is successfully using CalFresh E&T funds for each component that it offers, which may include, among others, work experience and training.

This bill would authorize a county that elects to participate in the CalFresh E&T program to enter into an agreement with a community college or a California State University to establish begin delete subsidized employment opportunities end delete begin insert an employment and training program end insert , financed using federal funds begin insert or federally matched funds end insert , for students attending those postsecondary institutions begin delete who are required to participate in, or who have elected to voluntarily participate in, the CalFresh E&T program end delete begin insert , if the agreement is approved by the United States Department of Agriculture as part of the CalFresh E&T program plan. The bill would similarly authorize the Office of the Chancellor of the California Community Colleges and the department to enter into an agreement with a community college for those purposes end insert .

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:

SECTION 1.  

Article 7 (commencing with Section 79220) is
added to Chapter 9 of Part 48 of Division 7 of Title 3 of the Education Code, to read:

 

Article 7.  Student Eligibility for CalFresh

 

79220.  

The Office of the Chancellor of the California
Community Colleges and the Department of Social Services shall
examine and interpret the exemptions to the prohibition on student
eligibility for CalFresh benefits, identified in Section 2015(e) of
Title 7 of the United States Code and Section 273.5(b) of Title 7
of the Code of Federal Regulations, and shall establish clear and
detailed guidelines identifying the categories of students that may
qualify for an exemption and the programs in which enrollment
may qualify a student for an exemption. begin insert The Legislature
recommends that the Office of the Chancellor of the California
State University and the Office of the President of the University
of California, in conjunction with the Department of Social
Services, also examine and interpret the exemptions identified in
this section and establish clear and detailed guidelines identifying
the categories of students that may qualify for an exemption and
the programs in which enrollment may qualify a student for an
exemption. end insert

79230.  

A community college shall provide documentation to
each student begin delete who is enrolled in a program that has been end delete identified
pursuant to Section 79220 as begin delete a program potentially end delete qualifying begin delete him
or her end delete for an exemption to the prohibition on student eligibility for
CalFresh benefits, identified in Section 2015(e) of Title 7 of the
United States Code and Section 273.5(b) of Title 7 of the Code of
Federal Regulations, at the time that the student develops an
education plan, as required by Section 78215, and at any other
time a student requests that documentation. begin insert To the degree possible,
waiver eligibility verification shall be satisfied by documentation
already provided to the students enrolled in school. end insert

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) This section shall not be construed to require a county to
offer a particular component as a part of its CalFresh E&T plan.

(d) This section does not 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) This section does not restrict the use of federal funds for the
financing of CalFresh E&T programs.

(f)  begin insert (1) end insert begin insert   end insert A county that elects to participate in the CalFresh E&T
program may enter into an agreement with a community college
or a California State University in order to establish begin delete subsidized
employment opportunities end delete begin insert an employment and training program end insert ,
financed using federal funds begin insert or federally matched funds end insert , for
students attending those postsecondary institutions begin delete who are
required to participate in, or who have elected to voluntarily
participate in end delete , begin insert if the agreement is approved by the United States
Department of Agriculture as part of end insert the CalFresh E&T program
begin insert plan end insert .

begin insert

(2) If the Board of Governors of the California Community
Colleges and the State Department of Social Services elect, they
may enter into an interagency agreement authorizing the board
to enter into an agreement with one or more community colleges
to establish an employment and training program financed, in
part, with federally matched funds to support increased education
and employment opportunities for low-income students who are
CalFresh recipients, if the agreement is approved by the United
States Department of Agriculture as part of the CalFresh E&T
program plan.

end insert

(g) This section shall not 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.

(h) 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.  

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.