Amended in Assembly May 27, 2016

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

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(Coauthor: Assembly Member Gonzalez)

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February 17, 2016

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

LEGISLATIVE COUNSEL’S DIGEST

AB 2057, as amended, Mark Stone. CalFresh: victims of domestic violence.

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.

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.

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.

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.

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.

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

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.  

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

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. The department shall also
develop information on expedited services specified in Section
18914.5 for victims of domestic violence. This information shall
be made available to homeless shelters, domestic violence shelters,
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 people who are
homeless.

(b) Each county human services agency shall annually offer
training on CalFresh application procedures to homeless shelter
and domestic violence shelter operators. That training shall include
eligibility criteria and specific information regarding the eligibility
of unaccompanied homeless children and youths and victims of
domestic violence. In addition, each county human services
begin delete agencies, end delete begin insert agency, end insert upon request, shall provide homeless shelters
and domestic violence shelters 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
human services agency 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 human services agency shall provide the child
or youth a written notice explaining the reason for the denial.

SEC. 2.  

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

18914.5.  

(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.

SEC. 3.  

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

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

(c) (1) A county participating in CalFresh E&T 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.  

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.