Amended in Assembly April 4, 2016

Amended in Assembly March 16, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2057

Introduced by Assembly Member Mark Stone

February 17, 2016

An act to amend begin delete Section 18904.1 of end delete begin insert end insert begin insert Sections 18904.25 and 18926.5 of, and to add Section 18914.5 to, end insert the Welfare and Institutions Code, relating to CalFresh.

LEGISLATIVE COUNSEL’S DIGEST

AB 2057, as amended, Mark Stone. begin delete CalFresh: application information. end delete begin insert CalFresh: victims of domestic violence. end insert

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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. Existing federal law authorizes a resident of a shelter for battered women and children, as defined, who is currently included in a certified household that also contains the abuser, to apply and, if otherwise eligible, receive an additional allotment of benefits as a separate household. Existing federal law requires a county human services agency to provide CalFresh expedited services to certain households.

end insert begin insert

This bill would, to the extent permitted by federal law, regulations, waivers, and directives, authorize a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, to apply for, and, if otherwise eligible, would provide that the resident or individual is entitled to, expedited services of an additional allotment of CalFresh benefits as a separate household. By imposing additional duties for local officials, this bill would impose a state-mandated local program.

end insert begin insert

Existing law requires the State Department of Social Services to develop and make available to homeless shelters, among other locations, CalFresh information on expedited services targeted to the homeless population. Existing law requires each county welfare department to annually offer training on CalFresh application procedures to homeless shelter operators.

end insert begin insert

This bill would additionally require the department to develop and make available to domestic violence shelters CalFresh information on expedited services targeted to victims of domestic violence, and would require each county human services agency to annually offer training on CalFresh application procedures to domestic violence shelter operators. By imposing additional duties for local officials, this bill would impose a state-mandated local program.

end insert begin insert

Existing law authorizes counties to participate in the CalFresh Employment and Training program (CalFresh E&T), established by federal law, and requires participating counties to screen CalFresh work registrants to determine whether they will participate in, or be deferred from, CalFresh E&T. Existing law defers from mandatory placement in CalFresh E&T specified individuals, including an individual who is a veteran who has been honorable discharged from the United States Army.

end insert begin insert

This bill would additionally defer from mandatory placement in CalFresh E&T, an individual who is a victim of domestic violence.

end insert begin 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.

end insert begin insert

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 insert begin delete

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 law requires the State Department of Social Services to administer the CalFresh program, as specified. Existing law also requires the director to maintain methods for over-the-counter issuance that guarantee program accessibility in all cases when a household has been found to be in immediate need of food assistance or when a household has been determined to be eligible for the replacement of a previous issuance of CalFresh benefits.

end delete begin delete

This bill would require the department and county officials to act pursuant to all federal authority to ensure that the replacement of a previous issuance of CalFresh benefits is made available as expeditiously as possible for all eligible recipients, as specified. The bill would also authorize, if a recipient is eligible for a replacement of a previous issuance, the benefit to be issued by the county human services agency in the county where the recipient currently resides or in the county where the recipient received a previous issuance. The bill would require, if a recipient is eligible for a replacement of a previous issuance because he or she is a victim of domestic violence, the replacement benefit to be issued in a manner that does not allow for any information about the replacement or its request to be accessible to the person whom the recipient is fleeing. By imposing a higher level of service on county employees, the bill would impose a state-mandated local program.

end delete 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: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 18904.25 of the end insert begin insert Welfare and Institutions
Code end insert begin insert is amended to read: end insert

18904.25.  

(a) Pursuant to the federal Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77), the department
shall develop CalFresh information on expedited services targeted
to the homeless population, including unaccompanied homeless
children and youths, as those terms are defined in Section 11434a
of Title 42 of the United States Code. begin insert The department shall also
develop information on expedited services specified in Section
18914.5 for victims of domestic violence. end insert This information shall
be made available to homeless shelters, begin insert domestic violence shelters, end insert
emergency food programs, local educational agency liaisons for
homeless children and youths, designated pursuant to Section
11432(g)(1)(J)(ii) of Title 42 of the United States Code, and other
community agencies who provide services to begin delete homeless people. end delete

begin insert people who are homeless. end insert

(b) Each county begin delete welfare department end delete begin insert human services agency end insert
shall annually offer training on CalFresh application procedures
to homeless shelter begin insert and domestic violence shelter end insert operators. That
training shall include eligibility criteria and specific information
regarding the eligibility of unaccompanied homeless children and
begin delete youths. end delete begin insert youths and victims of domestic violence. end insert In addition, each
county begin delete welfare department, end delete begin insert human services agencies, end insert upon request,
shall provide homeless shelters begin insert and domestic violence shelters end insert
with a supply of that portion of the CalFresh application used to
request CalFresh expedited service.

(c) Upon receipt of a signed CalFresh application from an
unaccompanied child or youth under 18 years of age, the county
begin delete welfare department end delete begin insert human services agency end insert shall determine
eligibility for CalFresh benefits, including making a determination
of whether the child or youth is eligible to apply as a household
of one or if he or she must apply with members of a household
with whom he or she is regularly purchasing and preparing foods,
and screen the application for entitlement to expedited service
pursuant to Section 18914. If the application of the child or youth
for CalFresh benefits is denied, the county begin delete welfare department end delete
begin insert human services agency end insert shall provide the child or youth a written
notice explaining the reason for the denial.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 18914.5 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 18914.5. end insert   

(a) To the extent permitted by federal law,
regulations, waivers, and directives, a resident of, or an individual
on a waiting list to get into, a shelter for battered women and
children who is currently included in a certified household that
also contains the abuser, may apply for and, if otherwise eligible,
shall be entitled to expedited services of an additional allotment
of CalFresh benefits as a separate household.

(b) For purposes of this section, “shelter for battered women
and children” has the same meaning as provided in Section 271.2
of Title 7 of the Code of Federal Regulations.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 18926.5 of the end insert begin insert Welfare and Institutions Code end insert

begin insert is amended to read: end insert

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, begin delete the CalFresh E&T program. end delete
begin insert CalFresh E&T. end insert If deferred, a CalFresh work registrant may request
to enroll in begin delete the end delete CalFresh E&T begin delete program end delete as a voluntary participant.
An individual shall be deferred from a mandatory placement in
begin delete the end delete CalFresh E&T begin delete program end delete 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, begin delete or end delete if he or she is a veteran who has been honorably
discharged from the United States Armed begin delete Forces. end delete begin insert Forces, or if he
or she is a victim of domestic violence. end insert

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

(c) (1) A county begin delete that elects to participate in the end delete begin insert participating
in end insert CalFresh E&T begin delete program end delete 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
begin delete coverage end delete begin insert coverage, end insert 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.

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begin insert SEC. 4. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 18904.1 of the Welfare and Institutions
Code is amended to read:

18904.1.  

(a) The director, to the extent permitted by federal
law, shall establish methods for CalFresh benefit issuance in all
counties that guarantee to low-income households the health-vital
nutritional benefits available under this chapter and to achieve the
most efficient system for program administration so as to minimize
administrative costs.

(b) The director shall maintain methods for over-the-counter
and mail issuance of CalFresh benefits in a county until issuance
of CalFresh benefits by electronic benefits transfer for all CalFresh
recipients in the county has been implemented pursuant to Chapter
3 (commencing with Section 10065) of Part 1.

(c) County human services agencies shall maintain methods for
over-the-counter issuance that guarantee program accessibility in
all cases when a household has been found to be in immediate
need of food assistance or when a household has been determined
to be eligible for the replacement of a previous issuance.

(d) The department and county officials shall act pursuant to
all federal authority to ensure that the replacement of a previous
issuance of CalFresh benefits is made available as expeditiously
as possible for all eligible recipients, using the methods established
pursuant to subdivision (c).

(e) (1) If a recipient is eligible for a replacement of a previous
issuance, the benefit may be issued by the county human services
agency in the county where the recipient currently resides or in
the county where the recipient received a previous issuance.

(2) If a recipient is eligible for a replacement of a previous
issuance because he or she is a victim of domestic violence, the
replacement benefit shall be issued in a manner that does not allow
any information about the replacement or its request to be
accessible to the person from whom the recipient is fleeing.

SEC. 2.  

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.

end delete