Senate Bill No. 306

Introduced by Senator Hertzberg

February 23, 2015

An act to amend Sections 11320.3, 18926, and 18926.5 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL’S DIGEST

SB 306, as introduced, Hertzberg. CalFresh: eligibility: work requirements.

(1) Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families block grant program, state, and county funds. Under existing law, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, is required to participate in welfare-to-work activities.

This bill would excuse all CalWORKs recipients from welfare-to-work participation during any month for which the National Bureau of Economic Research has declared the United States to be in an economic recession or economic depression.

(2) Existing federal law provides for the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, under which counties distribute food assistance benefits to eligible individuals. 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, the CalFresh E&T program.

Existing federal law limits an able-bodied adult without dependents (ABAWD) participant to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing law directs the State Department of Social Services to annually seek a federal waiver of this limitation, and provides that an eligible county is included in this waiver unless the county declines to participate in the waiver request. Existing law authorizes the department to implement this section by all-county letters or similar instructions.

This bill would require all counties to participate in the CalFresh E&T program, and would direct each county to provide a placement in the program for every ABAWD that requests one. The bill would provide that federal funds for serving all at-risk ABAWDs through a CalFresh E&T program be used to support the cost to the county of providing these services using a formula established by the department in consultation with the county and the Food and Nutrition Service of the United States Department of Agriculture. By requiring counties to provide these employment and training services, the bill would impose a state-mandated local program.

The bill would also require all eligible counties and subcounty areas to be included in the federal waiver of the ABAWD time limitation. The bill would require, if a county is not eligible for the waiver and it sends a notice of action to an applicant or participant subject to the ABAWD time limit, the county to include specified information to help the person seek assistance in securing employment or an exemption. By imposing these requirements on counties, this bill would impose a state-mandated local program. The bill would also require the department to issue annual guidance to these counties regarding federal exemptions and waivers, and would delete the authorization for the department to implement these provisions by all-county letters or similar instructions.

(3) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would instead provide that the continuous appropriation would not be made for purposes of implementing the bill.

(4) 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 11320.3 of the Welfare and Institutions
Code is amended to read:

11320.3.  

(a) (1) Except as provided in subdivision (b) begin insert and
subdivision (c), end insert or if otherwise exempt, every individual, as a
condition of eligibility for aid under this chapter, shall participate
in welfare-to-work activities under this article.

(2) Individuals eligible under Section 11331.5 shall be required
to participate in the Cal-Learn Program under Article 3.5
(commencing with Section 11331) during the time that article is
operative, in lieu of the welfare-to-work requirements, and
subdivision begin delete (b) end delete begin insert (c) end insert shall not apply to that individual.

begin insert

(b) A recipient of aid under this chapter shall not be required
to participate in welfare-to-work activities during any month for
which the National Bureau of Economic Research has declared
the United States to be in an economic recession or economic
depression.

end insert begin delete

(b)

end delete

begin insert (c) end insert  The following individuals shall not be required to participate
for so long as the condition continues to exist:

(1) An individual under 16 years of age.

(2) (A) A child attending an elementary, secondary, vocational,
or technical school on a full-time basis.

(B) A person who is 16 or 17 years of age, or a person described
in subdivision (d) who loses this exemption, shall not requalify
for the exemption by attending school as a required activity under
this article.

(C) Notwithstanding subparagraph (B), a person who is 16 or
17 years of age who has obtained a high school diploma or its
equivalent and is enrolled or is planning to enroll in a
postsecondary education, vocational, or technical school training
program shall also not be required to participate for so long as the
condition continues to exist.

(D) For purposes of subparagraph (C), a person shall be deemed
to be planning to enroll in a postsecondary education, vocational,
or technical school training program if he or she, or his or her
parent, acting on his or her behalf, submits a written statement
expressing his or her intent to enroll in such a program for the
following term. The exemption from participation shall not
continue beyond the beginning of the term, unless verification of
enrollment is provided or obtained by the county.

(3) An individual who meets either of the following conditions:

(A) The individual is disabled as determined by a doctor’s
verification that the disability is expected to last at least 30 days
and that it significantly impairs the recipient’s ability to be
regularly employed or participate in welfare-to-work activities,
provided that the individual is actively seeking appropriate medical
treatment.

(B) The individual is of advanced age.

(4) A nonparent caretaker relative who has primary
responsibility for providing care for a child and is either caring for
a child who is a dependent or ward of the court or caring for a
child in a case in which a county determines the child is at risk of
placement in foster care, and the county determines that the
caretaking responsibilities are beyond those considered normal
day-to-day parenting responsibilities such that they impair the
caretaker relative’s ability to be regularly employed or to participate
in welfare-to-work activities.

(5) An individual whose presence in the home is required
because of illness or incapacity of another member of the household
and whose caretaking responsibilities impair the recipient’s ability
to be regularly employed or to participate in welfare-to-work
activities.

(6) A parent or other relative who meets the criteria in
subparagraph (A) or (B).

(A) (i) The parent or other relative has primary responsibility
for personally providing care to a child six months of age or under,
except that, on a case-by-case basis, and based on criteria
developed by the county, this period may be reduced to the first
12 weeks after the birth or adoption of the child, or increased to
the first 12 months after the birth or adoption of the child. An
individual may be exempt only once under this clause.

(ii) An individual who received an exemption pursuant to clause
(i) shall be exempt for a period of 12 weeks, upon the birth or
adoption of any subsequent children, except that this period may
be extended on a case-by-case basis to six months, based on criteria
developed by the county.

(iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:

(I) The availability of child care.

(II) Local labor market conditions.

(III) Other factors determined by the county.

(iv) Effective January 1, 2013, the parent or other relative has
primary responsibility for personally providing care to one child
from birth to 23 months, inclusive. The exemption provided for
under this clause shall be available in addition to any other
exemption provided for under this subparagraph. An individual
may be exempt only once under this clause.

(B) In a family eligible for aid under this chapter due to the
unemployment of the principal wage earner, the exemption criteria
contained in subparagraph (A) shall be applied to only one parent.

(7) A parent or other relative who has primary responsibility
for personally providing care to one child who is from 12 to 23
months of age, inclusive, or two or more children who are under
six years of age.

(8) A woman who is pregnant and for whom it has been
medically verified that the pregnancy impairs her ability to be
regularly employed or participate in welfare-to-work activities or
the county has determined that, at that time, participation will not
readily lead to employment or that a training activity is not
appropriate. If a pregnant woman is unable to secure this medical
verification, but is otherwise eligible for an exemption from
welfare-to-work requirements under this section, including good
cause for temporary illness related to the pregnancy, she shall be
exempt from participation.

begin delete

(c)

end delete

begin insert (d) end insert  Any individual not required to participate may choose to
participate voluntarily under this article, and end that participation
at any time without loss of eligibility for aid under this chapter, if
his or her status has not changed in a way that would require
participation.

begin delete

(d)

end delete

begin insert (e) end insert  (1) Notwithstanding subdivision (a), a custodial parent who
is under 20 years of age and who has not earned a high school
diploma or its equivalent, and who is not exempt or whose only
basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of
subdivision begin delete (b), end delete begin insert (c), end insert shall be required to participate solely for the
purpose of earning a high school diploma or its equivalent. During
the time that Article 3.5 (commencing with Section 11331) is
operative, this subdivision shall only apply to a custodial parent
who is 19 years of age.

(2) Section 11325.25 shall apply to a custodial parent who is
18 or 19 years of age and who is required to participate under this
article.

begin delete

(e)

end delete

begin insert (f) end insert  Notwithstanding paragraph (1) of subdivision begin delete (d), end delete begin insert (e), end insert the
county may determine that participation in education activities for
the purpose of earning a high school diploma or equivalent is
inappropriate for an 18 or 19 year old custodial parent only if that
parent is reassigned pursuant to an evaluation under Section
11325.25, or, at appraisal is already in an educational or vocational
training program that is approvable as a self-initiated program as
specified in Section 11325.23. If that determination is made, the
parent shall be allowed to continue participation in the self-initiated
program subject to Section 11325.23. During the time that Article
3.5 (commencing with Section 11331) is operative, this subdivision
shall only apply to a custodial parent who is 19 years of age.

begin delete

(f)

end delete

begin insert (g) end insert  A recipient shall be excused from participation for good
cause when the county has determined there is a condition or other
circumstance that temporarily prevents or significantly impairs
the recipient’s ability to be regularly employed or to participate in
welfare-to-work activities. The county welfare department shall
review the good cause determination for its continuing
appropriateness in accordance with the projected length of the
condition, or circumstance, but not less than every three months.
The recipient shall cooperate with the county welfare department
and provide information, including written documentation, as
required to complete the review. Conditions that may be considered
good cause include, but are not limited to, the following:

(1) Lack of necessary supportive services.

(2) In accordance with Article 7.5 (commencing with Section
11495), the applicant or recipient is a victim of domestic violence,
but only if participation under this article is detrimental to or
unfairly penalizes that individual or his or her family.

(3) Licensed or license-exempt child care for a child 10 years
of age or younger is not reasonably available during the
individual’s hours of training or employment including commuting
time, or arrangements for child care have broken down or have
been interrupted, or child care is needed for a child who meets the
criteria of subparagraph (C) of paragraph (1) of subdivision (a) of
Section 11323.2, but who is not included in the assistance unit.
For purposes of this paragraph, “reasonable availability” means
child care that is commonly available in the recipient’s community
to a person who is not receiving aid and that is in conformity with
the requirements of Public Law 104-193. The choices of child care
shall meet either licensing requirements or the requirements of
Section 11324. This good cause criterion shall include the
unavailability of suitable special needs child care for children with
identified special needs, including, but not limited to, disabilities
or chronic illnesses.

begin delete

(g)

end delete

begin insert (h) end insert  (1) Paragraph (7) of subdivision begin delete (b) end delete begin insert (c) end insert shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327,
and shall become inoperative on January 1, 2013.

(2) The State Department of Social Services, in consultation
with the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
begin delete (h). end delete begin insert (i). end insert Reengagement activities may include notifying clients of
the expiration of exemptions, reassessments, and identifying
necessary supportive services.

begin delete

(h)

end delete

begin insert (i) end insert  (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision begin delete (b), end delete begin insert (c), end insert he or she is
a parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months
of age, inclusive, or two or more children who are under six years
of age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.

(2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and
the provision of necessary supportive services pursuant to Section
11323.2.

(3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision begin delete (b). end delete begin insert (c). end insert

(4) A recipient reengaged in accordance with this subdivision
who has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program
(Part A (commencing with Section 401) of Title IV of the federal
Social Security Act (42 U.S.C. Sec. 601 et seq.)), may continue
in a welfare-to-work plan that meets the requirements of Section
11322.6 for a cumulative period of 24 months commencing the
first day of the first month after he or she is reengaged, unless or
until he or she exceeds the 48-month time limitation described in
Section 11454.

(5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a)
of Section 11322.85.

SEC. 2.  

Section 18926 of the Welfare and Institutions Code is
amended to read:

18926.  

(a)  begin delete To the extent permitted by federal law, end delete begin insert It is the
intent of the Legislature to maximize participation in the CalFresh
program to the extent permitted by federal law. To accomplish
this intent, end insert the department shall annually seek begin insert for all qualifying
areas of the state end insert a federal waiver begin insert , to the extent permitted by
federal law, end insert of the existing federal Supplemental Nutrition
Assistance Program limitation that stipulates that an able-bodied
adult without dependents (ABAWD) participant is limited to three
months of CalFresh benefits in a three-year period unless that
participant has met the work participation requirement.

(b) All eligible counties begin insert and subcounty areas end insert shall be included
in and bound by begin delete this waiver unless a county declines to participate
in the waiver request. If a county declines, the county shall submit
documentation from the board of supervisors of that county to that
effect the waiver. end delete begin insert the waiver. end insert

begin delete

(c) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 2 of the Government Code)
the department may implement this section by all-county letters
or similar instructions.

end delete begin insert

(c) If a county is not eligible for the waiver described in this
section, all of the following shall occur:

end insert begin insert

(1) The department shall issue annual guidance to the county
regarding the maximization of all federal exemptions and waivers
to the three-month time limit applied to ABAWDs, including the
exemptions described in Section 273.24(g) of Title 7 of the Code
of Federal Regulations.

end insert begin insert

(2) The county shall provide placements in the CalFresh
Employment and Training program established pursuant to Section
18926.5 for all ABAWDs required to work and unable to secure
employment. Federal funds for serving all at-risk ABAWDs through
a CalFresh Employment and Training program shall be used to
support the cost to the county of providing these services using a
formula established by the department in consultation with the
county and the Food and Nutrition Service of the United States
Department of Agriculture.

end insert begin insert

(3) A county issuing a notice of action to an applicant or
participant subject to the ABAWD time limit shall include
information to help the person seek assistance in securing
employment or in securing an exemption to the time limit,
including, but not limited to, the name, address, telephone number,
and Internet address of a local legal services office and a statewide
welfare rights organization.

end insert

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)  begin delete A end delete begin insert Each end insert county begin delete that elects to end delete begin insert shall end insert 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), begin insert and end insert 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 begin delete that elects to participate in the CalFresh E&T
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.

begin insert

(d) If an able-bodied adult without dependents (ABAWD) who
is subject to the three-month time limit set forth in Section 273.24
of Title 7 of the Code of Federal Regulations requests placement
in the CalFresh E&T program, the county shall provide a
placement for the person.

end insert begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e)

end delete

begin insert (f) end insert  Nothing in this section shall restrict the use of federal funds
for the financing of CalFresh E&T programs.

begin delete

(f)

end delete

begin insert (g) end insert  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.

begin delete

(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.

end delete

SEC. 4.  

No appropriation pursuant to Section 15200 of the
Welfare and Institutions Code shall be made for purposes of
implementing this act.

SEC. 5.  

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.