California Legislature—2015–16 Regular Session

Assembly BillNo. 608


Introduced by Assembly Member Gordon

(Principal coauthor: Assembly Member Alejo)

(Coauthors: Assembly Members Cristina Garcia, Maienschein, and Mark Stone)

(Coauthor: Senator Hancock)

February 24, 2015


An act to amend Section 18911 of the Welfare and Institutions Code, relating to CalFresh.

LEGISLATIVE COUNSEL’S DIGEST

AB 608, as introduced, Gordon. CalFresh: school meals.

Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law requires that a child receiving benefits under SNAP be certified as eligible for free school lunches and breakfasts without further application. Existing law requires a county welfare department to compile a list of emergency food providers and make that list available upon request.

This bill would instead require a county human services agency to compile a list of emergency and supplemental food assistance providers, as specified. The bill would also require a county human services agency to inform households applying for CalFresh that if the household is certified for CalFresh, specified children in the household are income-eligible for the WIC Program and all children in the household are directly certified for the National School Lunch Program and School Breakfast Program without further application. The bill would also require the Department of Social Services to inform all CalFresh households annually, prior to the end of the school year, about the summer meal program using information the department receives the State Department of Education and a method deemed appropriate by the department. The bill would require the department to implement these provisions by all-county letters or similar instructions beginning no later than March 1, 2016, until regulations are adopted, and would require the department to adopt regulations on or before October 1, 2017. The bill would also include a statement of legislative findings and declarations.

By increasing the duties of county human services agencies, the 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. State-mandated local program: yes.

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

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) Over 2 million children in California live in low-income
4families and are in danger of experiencing hunger.

5(2) California is home to more children living in poverty than
6any other state in the country.

7(3) Child development experts have found that even one
8incidence of hunger can impact a child’s health and future academic
9success.

10(4) Research conducted in California has found that most
11families do not apply for public assistance until they are already
12 experiencing hardship from unmet basic needs.

13(5) Federal law requires states to directly certify children in a
14CalFresh household for the National School Lunch Program and
P3    1state law requires all public schools, except charter schools, to
2serve a free or reduced-price school meal during the schoolday.

3(6) In California, the process for a family with children to be
4directly certified can take up to three months and a school meal
5may not be received through direct certification while a CalFresh
6application is pending.

7(7) During the summer months, child hunger increases with the
8absence of school meals and the lack of information about summer
9lunch programs for children.

10(b) It is the intent of the Legislature to reduce opportunities for
11children to go hungry by requiring increased coordination between
12CalFresh and child nutrition programs administered by the State
13Department of Education.

14

SEC. 2.  

Section 18911 of the Welfare and Institutions Code is
15amended to read:

16

18911.  

(a) An application and an authorization for participation
17in CalFresh shall be processed within a period of not more than
1830 days from the date of application.

19(b) The department shall develop written information that
20describes the eligibility and verification requirements for expedited
21service, the process for applying for those benefits, and the
22availability of assistance in filling out the forms and gathering
23needed documentation.

24(c) begin deleteEach end deletebegin insertA end insertcountybegin delete welfare departmentend deletebegin insert human services agencyend insert
25 shall make the material developed pursuant to subdivision (b)
26available tobegin delete eachend deletebegin insert anend insert applicant at the time the applicant initially
27seeks CalFresh benefits.

28(d) begin deleteEach end deletebegin insertA end insertcountybegin delete welfare departmentend deletebegin insert human services agencyend insert
29 shall, upon request, make available the information developed
30pursuant to subdivision (b) to community action agencies, legal
31services offices, emergency food programs, and otherbegin insert communityend insert
32 programs.

begin delete

33(e) Each county welfare department shall compile a list of
34emergency food providers in the area served by the local CalFresh
35office. The list shall be updated, based on information from the
36food providers. The list shall be made available upon request, and,
37where needed, may be used to refer individuals to emergency food
38sites that may be able to provide assistance.

end delete
begin insert

39(e) (1) A county human services agency shall compile a list of
40emergency and supplemental food assistance providers, including
P4    1local nutrition assistance programs authorized by Chapter II
2(commencing with Section 210.1) of Subtitle B of Title 7 of the
3Code of Federal Regulations, in the area served by the local
4CalFresh office. The list shall be updated, based on information
5the county receives from emergency and supplemental food
6assistance providers, cities, school districts, summer lunch
7providers, the State Department of Education, and the California
8Special Supplemental Nutrition Program for Women, Infants, and
9Children (WIC Program). The list shall be made available to
10households applying for CalFresh.

end insert
begin insert

11 (2) A county human services agency shall inform households
12applying for CalFresh that if the household is certified for
13CalFresh, children under five years of age in the household are
14income-eligible for the WIC Program, pursuant to Section 246.7
15of Title 7 of the Code of Federal Regulations, and all children in
16the household are directly certified for the National School Lunch
17Program and the School Breakfast Program without further
18application, pursuant to Section 245.6 of Title 7 of the Code of
19Federal Regulations.

end insert

20(f) begin deleteEach end deletebegin insertA end insertcountybegin delete welfare departmentend deletebegin insert human services agencyend insert
21 shall make available to CalFresh applicants, upon request,
22nonpromotional information that contains addresses and phone
23numbers of local legal services and welfare rights organizations.

begin insert

24(g) The State Department of Social Services shall inform all
25CalFresh households annually, prior to the end of the school year,
26about the summer meal program using information the department
27receives from the State Department of Education and a method
28deemed appropriate by the department.

end insert
29

SEC. 3.  

Notwithstanding the rulemaking provisions of the
30Administrative Procedure Act (Chapter 3.5 (commencing with
31Section 11340) of Part 1 of Division 3 of Title 2 of the Government
32Code), the department shall implement this act by all-county letters
33or similar instructions beginning no later than March 1, 2016, until
34regulations are adopted. The department shall adopt regulations
35implementing this act on or before October 1, 2017.

36

SEC. 4.  

If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P5    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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