Amended in Assembly March 31, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2099

Introduced by Assembly Member Mark Stone

February 17, 2016

An act to add begin insert and repeal end insert Chapter 16 (commencing with Section 18997) begin delete to end delete begin insert of end insert Part 6 of Division 9 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

AB 2099, as amended, Mark Stone. Safe drinking water begin delete assistance. end delete begin insert benefit. end insert

Existing law provides for financial and food assistance benefits to needy Californians, including, among other programs, the California Work Opportunity and Responsibility to Kids (CalWORKs) program and CalFresh, under which each county provides for financial and food assistance benefits to qualified individuals who meet specified eligibility criteria. Existing law, administered by the State Department of Social Services, provides for the establishment of a statewide electronic benefits transfer (EBT) system for the purpose of providing those financial and food assistance benefits. Existing law authorizes a county to deliver CalFresh benefits and, upon election by the county, CalWORKs benefits through the use of an EBT system.

This bill would require the State Department of Social Services begin delete to establish and administer a process to deliver interim drinking water assistance benefits to low-income households, as defined, with inadequate access to safe drinking water. The bill would specify that eligible low-income households include, but are not limited to, households in disadvantaged communities, served by noncompliant small water systems, households located in communities deemed eligible for interim emergency drinking water benefits from the State Water Resources Control Board, and households whose private wells have active outages or water supply problems, as specified. The bill would require that the process be funded with existing emergency drought response resources allocated for interim water assistance and would require the department, in consultation with other specified state agencies, to identify existing resources. The bill would require the department to deliver the benefits through the EBT system. end delete begin insert to, on or before February 1, 2017, convene a workgroup to develop recommendations for delivering a water benefit to supplement the purchase of drinking water for low-income households end insert begin insert with inadequate access to safe drinking water end insert begin insert , as specified. The bill would require the workgroup to consist of representatives from specified entities, including the Department of Water Resources, the Office of Emergency Services, and applicable community advocates, and would require the workgroup to develop recommendations that include, among other things, an implementation plan for identification of eligible households and delivery of the benefit to those households. The bill would require the State Department of Social Services to, on or before July 1, 2017, submit a report with the recommendations to the Legislature and the California Health and Human Services Agency. end insert The bill would also make relating findings and declarations.

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

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

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The electronic benefits transfer (EBT) system has operated
statewide in California since 2004 as an effective and efficient
method to issue government benefits to recipients.

(b) Research has shown that the use of EBT has many
advantages for delivering public benefits. For recipients, EBT
offers greater convenience, improved security, and reduced
stigmatization. For state governments, EBT provides cost and time
savings, improves operational efficiencies, and promotes
accountability while stimulating local economies.

(c) EBT has been deemed an effective and responsive
mechanism for quickly delivering assistance to people recovering
from natural disasters.

(d) The Legislature and the Governor established The Human
Right to Water policy in 2013, which established the policy of the
state that every human being has the right to safe, clean, affordable,
and accessible water adequate for human consumption, cooking,
and sanitary purposes.

(e) Despite a history of proactive water policies, California
residents still face formidable challenges as the drought continues
to exacerbate water quality issues for disadvantaged communities
who disproportionately bear the health and financial impacts of
inadequate access to safe water.

(f) Significant barriers to water access exist for marginalized
Californians who are forced to choose between drinking water and
expending scarce resources to pay for clean water.

(g) In 2014, more than 1 million Californians faced water safety
violations that made water unsafe to drink.

(h) As the drought enters its fifth year, more than 2,000 domestic
wells have gone dry in the Central Valley, affecting tens of
thousands of people. Many small communities face chronic water
quality problems. Almost 400 small rural water systems and
schools are unable to provide safe drinking water.

(i) In response to these challenges, the Governor and the
Legislature have established or proposed new emergency drinking
water supports to assist these households.

(j) Recognizing this, it is the intent of the Legislature to utilize
the existing EBT system to deliver appropriate emergency water
benefits to disadvantaged households in an efficient and effective
manner.

begin delete

SEC. 2.  

Chapter 16 (commencing with Section 18997) is added
to Part 6 of Division 9 of the Welfare and Institutions Code, to
read:

 

Chapter  16. Safe Drinking Water Assistance

 

18997.  

(a) The State Department of Social Services shall
establish and administer a process to deliver interim emergency
drinking water assistance benefits to low-income households with
inadequate access to safe drinking water. Low-income households
eligible to receive these benefits include, but are not limited to, all
of the following:

(1) Households served by noncompliant small water systems
in disadvantaged communities, as defined in Section 79505.5 of
the Water Code, as determined by residence ZIP Code.

(2) Households located in communities deemed eligible for
interim emergency drinking water benefits under the State Water
Resources Control Board, as determined by residence ZIP Code.

(3) Households whose private wells have active outages or water
supply problems, as determined by the Department of Water
Resources.

(b) A household shall become ineligible to receive these benefits
once its water system is deemed compliant by the State Water
Resources Control Board or its well supply problem is deemed
resolved by the Department of Water Resources.

18997.5.  

(a) The State Department of Social Services shall
utilize a computerized data-matching system using existing
databases from the department, the State Water Resources Control
Board, and the Department of Water Resources.

(b) To the extent allowable under federal law, the department
shall deliver the benefits provided pursuant to this chapter through
the electronic benefit transfer (EBT) system created under Section
10072. The distribution of the benefits shall comply with any
federal and state laws and regulations governing electronic benefits.

(c) The process shall comply with privacy and confidentiality
procedures consistent with all applicable state and federal law.

18998.  

The process shall be funded from existing emergency
drought response resources allocated for interim water assistance.
The State Department of Social Services shall, in consultation with
the Office of Emergency Services, the Department of Water
Resources, the State Water Resources Control Board, and other
relevant agencies, identify existing resources.

18998.5.  

For the purpose of this chapter, “low-income
household” means a household determined to be low-income
through participation in any of the following means-tested public
assistance programs:

(a) A public assistance program for which the Office of Systems
Integration implements a statewide automated welfare system, as
specified in Section 10823, including CalWORKs, CalFresh,
Medi-Cal, and the refugee program.

(b) Any other public assistance program, including the California
Food Assistance Program, Cash Assistance for Immigrants,
Supplemental Security Income/State Supplementary Payment
(SSI/SSP), and General Relief or General Assistance.

18998.6.  

Benefits provided under this chapter shall be in
addition to benefits provided under Chapter 2 (commencing with
Section 11200) of Part 3, and shall not be considered as income
or resources for any program established under this code.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 16 (commencing with Section 18997) is added
to Part 6 of Division 9 of the end insert begin insert Welfare and Institutions Code end insert begin insert , to
read: end insert

begin insert

 

Chapter   begin insert 16. end insert Safe Drinking Water Benefit

 

begin insert 18997. end insert   

(a) On or before February 1, 2017, the State
Department of Social Services shall convene a workgroup to
develop recommendations for delivering a water benefit to
supplement the purchase of drinking water for low-income
households with inadequate access to safe drinking water.

(b) The water benefit to be developed shall do all of the
following:

(1) Be made available to low-income households with
inadequate access to safe drinking water, including, but not limited
to all of the following:

(A) Households served by noncompliant small water systems
in disadvantaged communities, as defined in Section 79505.5 of
the Water Code.

(B) Households located in communities deemed eligible for
interim emergency drinking water benefits by the State Water
Resources Control Board.

(C) Households whose private wells have active outages or
water supply problems, as determined by the Department of Water
Resources.

(2) To the extent possible, be provided through the electronic
benefits transfer system.

(3) To the extent possible, be funded from existing emergency
drought response resources allocated for interim water assistance.

(c) The workgroup shall consist of representatives from all of
the following entities:

(1) The State Department of Social Services.

(2) The State Water Resources Control Board.

(3) The Department of Water Resources.

(4) The Office of Emergency Services.

(5) The County Welfare Directors Association of California.

(6) Food policy advocates.

(7) Other applicable community advocates.

(d) The workgroup shall develop recommendations that include
all of the following:

(1) The design of the benefit.

(2) An implementation plan for identification of eligible
households and delivery of the benefit to those households.

(3) Possibilities for interim or permanent adoption and
implementation of the benefit through regulations, all-county
letters, or similar instruction.

(e) (1) The State Department of Social Services shall submit a
report with the recommendations to the Legislature and the
California Health and Human Services Agency by July 1, 2017.

(2) A report to be submitted to the Legislature pursuant to
paragraph (1) shall be submitted in compliance with Section 9795
of the Government Code.

begin insert 18998. end insert   

This chapter shall become inoperative on July 1, 2021,
and, as of January 1, 2022, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2022,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert