AB 1930, as amended, Skinner. CalFresh: student eligibility.
Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, formerly the Food Stamp Program, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Under existing law, households are eligible to receive CalFresh benefits to the extent permitted by federal law. Existing federal law provides that students who are enrolled in college or other institutions of higher education at least half time are not eligible for SNAP benefits unless they meet one of several specified exemptions, including participating in specified employment training programs.
Existing law establishes the Community College Extended Opportunity Programs and Services (EOPS) to encourage local community colleges to establish and implement programs directed to identifying those students affected by language, social, and economic handicaps, and to assist those students to achieve their educational objectives and goals, including, but not limited to, obtaining job skills, occupational certificates, or associate degrees, and transferring to 4-year institutions.
end deleteThis bill wouldbegin delete require county human services agencies, in determining the eligibility and benefit level of a student for CalFresh benefits, to consider all potential exemptions using a specified protocol. The bill wouldend delete provide that, for the purposes of determining eligibility,begin delete the EOPS program is a specifiedend deletebegin insert certain educational programs, as determined by the State Department of Social Services, shall be consideredend insert employment trainingbegin delete program,end deletebegin insert programs,end insert
thereby qualifying a student participating inbegin delete the EOPS programend deletebegin insert one of those programsend insert for an exemption, unless prohibited by federal law. The bill would also require the State Department of Social Services, in consultation with representatives from other specified organizations, to establish a protocol to identify andbegin delete grantend deletebegin insert verifyend insert all potential exemptions and to identify and verify participation inbegin delete the EOPS program and otherend delete educational programs, including self-initiated placements, that would qualify a student for an exemption. The bill
would require the department to implement these provisions by all-county letters or similar instructions beginning no later than October 1, 2015, until regulations are adopted, and would require the department to adopt regulations on or before October 1, 2017. The bill would require the department to seek and obtain federal approval, as specified, prior to publishing that guidance or regulation, if the United States Department of Agriculture requires federal approval.begin delete By imposing new duties on county welfare departments, this bill would create a state-mandated local program.end delete
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.
end deleteThis 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.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
It is the intent of the Legislature to increase
2college graduation rates of low-income Californians and to reduce
3the incidence of economic hardship and hunger among low-income
4college students.
Section 18901.11 is added to the Welfare and
6Institutions Code, to read:
(a) In determining the eligibility and benefit level
8of a student subject to the eligibility rule described in Section
9273.5(a) of Title 7 of the Code of Federal Regulations, county
10human services agencies shall consider all potential exemptions
11described in Section 273.5(b) of Title 7 of the Code of Federal
12Regulations, using the protocol
established pursuant to subdivision
13(c).
14(b)
begin insert(a)end insert For the purposes of Section 273.5(b)(11)(ii) of
16Title 7 of the Code of Federal Regulations,begin delete the Community College begin insert an
17Extended Opportunity Programs and Services established pursuant
18to Article 8 (commencing with Section 69640) of Chapter 2 of
19Part 42 of Division 5 of Title 3 of the Education Codeend delete
20educational program that could be a component of a CalFresh
21
E&T program described in Section 18926.5, as identified by the
22department,end insert
shall be considered an employment and training
23programbegin delete established pursuant toend deletebegin insert
underend insert Section 273.7 of Title 7 of
24the Code of Federal Regulations, unless prohibited by federal law.
25(c)
end delete
26begin insert(b)end insert The department shall, in consultation with representatives
27of the office of the Chancellor of the California Community
28Colleges, offices of the Chancellor of the California State
29University, University of California Chancellors’ offices, the
30California Workforce Investment Board, county human services
31agencies, and advocates for students and clients, establish a
32protocol to identify andbegin delete grantend deletebegin insert
verifyend insert all potential exemptions to the
33
eligibility rule described in Section 273.5(a) of Title 7 of the Code
34of Federal Regulations, and to identify and verify participation in
35begin delete the Community College Extended Opportunity Programs and otherend delete
36 educational programs, including, but not limited to, self-initiated
37placements, that would exempt a student from the eligibility rule
38described in Section 273.5(a) of Title 7 of the Code of Federal
P4 1Regulations. To the extent possible, this consultation shall take
2place through existing workgroups convened by the department.
3(d)
end delete
4begin insert(c)end insert If the United States Department of Agriculture requires
5federal approval of the exemption designation established pursuant
6to subdivisionbegin delete (b)end deletebegin insert (a)end insert and the protocol established pursuant to
7subdivisionbegin delete (c),end deletebegin insert (b),end insert the department shall seek and obtain that
8approval before publishing the guidance or regulation required by
9subdivisionbegin delete (f).end deletebegin insert (e).end insert
10(e)
end delete
11begin insert(d)end insert (1) This section does not require a county human services
12agency to offer a particular component, support services, or
13worker’s compensation to a student found eligible for an exemption
14pursuant to this section.
15(2) This section does not restrict or require the use of federal
16funds for the financing of CalFresh E&T programs.
17(3) This section does not require a college or university to
18provide a student with information necessary to verify eligibility
19for CalFresh.
20(f)
end delete
21begin insert(e)end insert Notwithstanding the rulemaking provisions of the
22Administrative Procedure Act (Chapter 3.5 (commencing with
23Section 11340) of Part 1 of Division 3 of Title 2 of the Government
24Code), the department shall implement this section by all-county
25letters or similar instructions beginning no later than October 1,
262015, until regulations are adopted. The department shall adopt
27regulations implementing this section on or before October 1,
282017.
If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.
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