BILL NUMBER: SB 1322 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2010
INTRODUCED BY Senator Liu
FEBRUARY 19, 2010
An act to amend Section 18926 of , and to add Section 18926.5
to, the Welfare and Institutions Code, relating to public
social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1322, as amended, Liu. Food Stamp Employment and Training
program.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as the Food
Stamp Program, under which food stamps allocated to the state by the
federal government are distributed to eligible individuals by each
county. Existing federal law requires all food stamp recipients,
unless otherwise exempt, between 15 to 60 years of age, inclusive,
who are physically and mentally fit, to register for employment and
participate in the Food Stamp Employment and Training (FSET) program.
Existing law requires the State Department of Social Services, to
the extent permitted by federal law, to annually seek a federal
waiver of the existing SNAP limitation that stipulates that an
able-bodied adult without dependents (ABAWD) participant is limited
to three months of food stamps in a 3-year period unless that
participant has met the work participation requirement. Under
existing law, a county is required to be included in the waiver
unless the county declines to participate, as specified.
This bill would require a county to screen work registrants to
determine whether they will participate in, or be deferred from, the
FSET program , and would describe the criteria for deferral
. The bill would establish various categories of
individuals who are authorize a work registrant who is
deferred from mandatory participation in FSET to request
to enroll in the program as a voluntary participant .
This bill, to the extent permitted by federal law, would require
that when an individual is sanctioned for failing to comply with the
work requirements of the CalWORKs program, or certain other public
social services programs, that the individual would not receive a
food stamp sanction.
This bill would require a county that implements the federal time
limits for ABAWDs to receive food stamps to offer self-initiated
workfare, as defined by existing federal regulations, in addition to
any other methods the county provides. The bill would impose
specified requirements on counties with respect to the use of FSET
and other federal funds and the implementation of FSET and other
workfare programs.
This bill would impose various requirements on the department
with respect to the funding and implementation of workfare and other
training programs, including requiring the department to convene a
stakeholder task force to develop a plan to improve and expand the
FSET program, in addition to other specified duties. The bill would
require the task force to report on its progress to the Legislature,
as specified.
This bill would authorize the department to retain FSET funds in
an amount not to exceed the amount necessary to administer these
provisions, and to annually report to the Legislature the annual
amount expended for this purpose.
By increasing the duties of counties administering the Food Stamp
Program, this 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:
SECTION 1. It is the intent of the Legislature in
enacting this act to increase meaningful opportunities for employment
and training in the Food Stamp Employment and Training (FSET)
program.
SECTION 1. SEC. 2. Section 18926 of
the Welfare and Institutions Code is amended to read:
18926. (a) To the extent permitted by federal law, the department
shall annually seek a federal waiver of the existing Food Stamp
Program limitation that stipulates that an able-bodied adult without
dependents (ABAWD) participant is limited to three months of food
stamps in a three-year period unless that participant has met the
work participation requirement.
(b) All eligible counties shall be included in and bound by 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.
(c) The county shall screen work registrants to determine whether
they will participate in, or be deferred from, the Food Stamp
Employment and Training (FSET) program. Persons who are
registered for work and are not deferred under FSET are considered
mandatory participants.
(d) The following individuals shall be deferred from mandatory
participation in the FSET program until the county determines that
the situation precluding FSET participation no longer exists:
(1) An individual who resides in a federally approved
geographically excluded area or federally determined work surplus
area.
(2) An individual who is participating in a substitute program
described in Section 63-407.23 of Title 22 of the California Code of
Regulations, that has participation requirements that exceed those
contained in the FSET program.
(3) An individual who is unable to participate due to personal
circumstances, including, but not limited to, any of the following:
(A) A lack of dependent care, as defined in subdivision (j) of
Section 63-408.41 of Title 22 of the California Code of Regulations.
This includes situations in which dependent care costs exceed the
maximum allowable dependent care deduction per month per dependent.
(B) A lack of transportation, which is defined as private or
public transportation that is not available at reasonable times on a
regular basis, or monthly transportation costs plus other costs,
excluding dependent care costs, that exceed the amounts determined in
Section 63-407.831 of Title 22 of the California Code of
Regulations.
(C) The individual lives an unreasonable distance from the FSET
program site.
(D) The individual has a severe family crisis.
(E) The individual temporarily has been laid off from his or her
job and is expected to return to work within 60 days.
(F) The individual is involved in legal difficulties, such as
court-mandated appearances, that preclude his or her participation.
(G) The individual
has a temporary illness or disability. If deferred, a
work registrant may request to enroll in the FSET program as a
voluntary participant.
(d) An individual shall be deferred from mandatory placement in
the FSET program if he or she satisfies any of the federally mandated
criteria, or if he or she resides in a federally determined work
surplus area.
(e) To the extent permitted by federal law, when an individual is
sanctioned for failing to comply with the work requirements of the
CalWORKs program, unemployment compensation, substitute programs,
general assistance, or CalWORKs unpaid community service and work
experience, the individual shall not receive a food stamp sanction.
(f) 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.
SEC. 3. Section 18926.5 is added to the
Welfare and Institutions Code , to read:
18926.5. (a) A county that implements the federal time limits for
able-bodied adults without dependents (ABAWD) to receive food stamps
shall offer self-initiated workfare, as defined in Section 273 of
Title 7 of the Code of Federal Regulations, as a means to satisfy the
federally mandated work requirement for ABAWDs, in addition to any
other methods the county provides.
(b) A county that participates in the Food Stamp Employment and
Training (FSET) program shall be required to demonstrate that it is
prioritizing the use of FSET funds for self-initiated workfare, work
experience or training, education, and the support services or client
reimbursements needed to participate in these components, as allowed
by federal law and guidance.
(c) The department shall assign staff to assist counties in the
development of vocational, educational, and job training programs
allowed under federal guidance for the Supplemental Nutrition
Assistance Program (SNAP), and to assist in the identification of
private, third-party, in-kind, state, and other funds that are able
to be used to draw down federal funding.
(d) The department shall assign staff to coordinate with other
workfare programs in the state that are serving the state population,
including CalWORKs, the California Community College Chancellor's
Office Extended Opportunity Programs and Services, and the federal
Workforce Investment Act of 1998.
(e) (1) The department shall convene a stakeholder task force to
develop a plan to improve and expand FSET educational components and,
as allowed by federal administrators, to expand the Cal Success
Program beyond the original pilot counties.
(2) The task force shall report on its progress to the Legislature
on or before January 15, 2011.
(f) The department may retain FSET funds in an amount not to
exceed the amount necessary to administer this section. The
department shall annually report to the Legislature the amount
expended on administration.
(g) (1) The requirement for submitting a report imposed under
subdivision (e) is inoperative on January 1, 2015, pursuant to
Section 10231.5 of the Government Code.
(2) A report to be submitted pursuant to subdivision (e) shall be
submitted in compliance with Section 9795 of the Government Code.
SEC. 2. 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.
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