BILL ANALYSIS �
AB 1359
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CONCURRENCE IN SENATE AMENDMENTS
AB 1359 (Skinner)
As Amended August 24, 2012
Majority vote
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|ASSEMBLY: | |(January 26, |SENATE: |36-1 |(August 28, |
| | |2012) | | |2012) |
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(vote not relevant)
Original Committee Reference: NAT. RES.
SUMMARY : Amends the Welfare and Institutions Code (WIC) to
require county human services agencies to provide CalFresh
benefits, in accordance with federal law, on an expedited basis
to families deemed to be in need of immediate of food
assistance. Specifically, this bill :
1)Requires county human services agencies to screen CalFresh
applicants to determine if they are eligible for expedited
service in accordance with Section 273.2(i)(1) of Title 7 of
the Code of Federal Regulations.
The Senate amendments delete the Assembly version of this bill,
and instead amends WIC Section 18914 relating to the expedited
eligibility for CalFresh benefits as described in the summary of
this analysis.
AS PASSED BY THE ASSEMBLY , this bill made substantive and
numerous technical changes to the state's beverage container
recycling program.
FISCAL EFFECT : Unknown
COMMENTS : This provision was originally contained in AB 1970
(Skinner), which was held in the Senate Appropriations Committee
due to costs not associated with the current language in this
bill.
According to the California Department of Social Services (DSS),
this provision is needed to bring WIC into compliance with the
Code of Federal Regulations. As a condition of receiving federal
Supplemental Nutrition Assistance Program (SNAP) funds, states
are required by federal law to align their statutes and
AB 1359
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regulations, or provide other assurances, as specified, into
compliance with federal law. Should states be unable to
demonstrate or bring their statutes into compliance, the federal
government can reduce or eliminate federal funding or place
sanctions on the state, depending on the funding requirements
and conditions.
Under current state regulations, a county human services agency
is required to inform a CalFresh applicant of their right to
apply for expedited eligibility and process it upon the
applicant's request. However, federal law requires that each
application be reviewed to determine whether they are eligible.
If eligible, the county is then required to expedite the
application to ensure that the applicant's urgent food and
nutrition needs are served.
On April 27, 2012, DSS applied for a federal waiver to postpone
the expedited service interview, which is federally required to
verify an applicant's CalFresh eligibility, when the state has
attempted but was unable to contact the applicant household for
an interview and the household meets expedited service criteria,
as specified. This request, which is similar to language in
approved waivers in Florida, Indiana and Wisconsin, was recently
denied due to this identified area of non-compliance relating to
expedited eligibility in state statute.
This measure would align state WIC Section 18914 with Section
273.2(i)(1) of Title 7 of the Code of Federal Regulations, which
entitles expedited services to households based upon the
following criteria:
1)Households with less than $150 a month in gross income
provided that their liquid assets do not exceed $100;
2)Migrant or seasonal farmworker households who are destitute
and whose liquid assets do not exceed $100; or,
3)Households with a combined monthly gross income and liquid
resources are less than their monthly rent or mortgage and
utilities.
Analysis Prepared by : Chris Reefe / HUM. S. / (916) 319-2089
AB 1359
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FN: 0005768