BILL NUMBER: AB 1560 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Fuentes
JANUARY 30, 2012
An act to amend Section 18901.5 of the Welfare and Institutions
Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 1560, as introduced, Fuentes. CalFresh: categorical
eligibility.
Existing law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), under which each county distributes
nutrition assistance benefits provided by the federal government to
eligible households, and the CalWORKs program, under which each
county provides cash assistance and other benefits to qualified
low-income families and individuals. In California, federal nutrition
assistance benefits are administered through CalFresh.
Existing law also provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services,
pursuant to which medical benefits are provided to public assistance
recipients and other low-income persons.
Under existing law, the State Department of Social Services is
required to develop a program of categorical eligibility under
CalFresh for needy households who meet all other SNAP eligibility
requirements, in accordance with federal law.
This bill would require the State Department of Social Services,
to the extent permitted by federal law, to waive the CalFresh gross
income test for any individual who is categorically eligible for
CalFresh and who is a member of a household that receives, or is
eligible to receive, medical assistance under the Medi-Cal program.
Because counties administer CalFresh, this bill would increase
county duties by potentially expanding the eligible population, and
would thereby 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. The Legislature finds and declares all of the
following:
(a) Poor nutrition threatens the health of 3.7 million low-income
adults and over two million children who face food insecurity in
California.
(b) Nutrition is a critical component of health. Adequate
nutrition supports proper growth and development among children, and
reduces the risk of chronic disease, such as cardiovascular disease,
cancer, obesity, and diabetes.
(c) According to the United States Department of Agriculture,
California has the lowest nutrition assistance participation rate in
the country. Eligible low-income households that do not participate
in CalFresh miss out on monthly nutrition assistance, and their
children may not be certified for free school meals.
(d) The program of categorical eligibility provided for in this
act will improve health, remove administrative barriers, and increase
the amount of federal nutrition benefits coming to California.
SEC. 2. Section 18901.5 of the Welfare and Institutions Code is
amended to read:
18901.5. (a) (1) The department shall
establish a program of categorical eligibility for CalFresh in
accordance with Section 5(a) of the federal Food and Nutrition Act of
2008 (7 U.S.C. Sec. 2014(a)), and implementing regulations, to
improve nutrition and promote the retention and development of assets
and resources for needy households who meet all other federal
Supplemental Nutrition Assistance Program eligibility requirements.
Categorical eligibility for CalFresh shall also apply to any
individual who is a member of a household that will be receiving or
is eligible to receive cash assistance under Part 5 (commencing with
Section 17000), or eligible to receive food assistance under Chapter
10.1 (commencing with Section 18930).
(2) The department, to the extent permitted by federal law, shall
waive the CalFresh gross income test for any individual who is
categorically eligible for CalFresh pursuant to paragraph (1), and
who is a member of a household that receives, or is eligible to
receive, medical assistance under Chapter 7 (commencing with Section
14000) of Part 3.
(b) The director shall implement the program established pursuant
to this section only with the appropriate federal authorization and
if implementation would not result in the loss of federal financial
participation.
(c) 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) and
Section 10554, until emergency regulations are filed with the
Secretary of State, the State Department of Social Services may
implement the changes made by subdivision (a) through all-county
letters or similar instructions from the director. The department
shall adopt emergency regulations as necessary to implement those
amendments on or before January 1, 2010. The program established
pursuant to this section shall be established on or before July 1,
2009, and shall be fully implemented as to new applicants for
CalFresh on or before January 1, 2010.
(d) The department shall adopt regulations to implement this
section. The adoption, amendment, repeal, or readoption of a
regulation authorized by this section is deemed to address an
emergency, for purposes of Sections 11346.1 and 11349.6 of the
Government Code, and the department is hereby exempted for this
purpose from the requirements of subdivision (b) of Section 11346.1
of the Government Code. The emergency regulations shall be exempt
from review by the Office of Administrative Law. The department shall
adopt final regulations implementing the program authorized by this
section on or before July 1, 2010.
SEC. 3. 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.