Bill Text: CA AB1930 | 2013-2014 | Regular Session | Chaptered

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Bill Title: CalFresh: student eligibility.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 729, Statutes of 2014. [AB1930 Detail]

Download: California-2013-AB1930-Chaptered.html

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BILL NUMBER: AB 1930	CHAPTERED
	BILL TEXT

	CHAPTER  729
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2014
	PASSED THE SENATE  AUGUST 19, 2014
	PASSED THE ASSEMBLY  AUGUST 21, 2014
	AMENDED IN SENATE  AUGUST 18, 2014
	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN ASSEMBLY  MAY 13, 2014
	AMENDED IN ASSEMBLY  MAY 6, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Skinner
   (Coauthor: Senator Liu)

                        FEBRUARY 19, 2014

   An act to add Section 18901.11 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1930, 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.
   This bill would provide that, for the purposes of determining
eligibility, certain educational programs, as determined by the State
Department of Social Services, shall be considered employment
training programs, thereby qualifying a student participating in one
of those programs 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 and verify all
potential exemptions and to identify and verify participation in
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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to increase college
graduation rates of low-income Californians and to reduce the
incidence of economic hardship and hunger among low-income college
students.
  SEC. 2.  Section 18901.11 is added to the Welfare and Institutions
Code, to read:
   18901.11.  (a) For the purposes of Section 273.5(b)(11)(ii) of
Title 7 of the Code of Federal Regulations, an educational program
that could be a component of a CalFresh E&T program described in
Section 18926.5, as identified by the department, shall be considered
an employment and training program under Section 273.7 of Title 7 of
the Code of Federal Regulations, unless prohibited by federal law.
   (b) The department shall, in consultation with representatives of
the office of the Chancellor of the California Community Colleges,
offices of the Chancellor of the California State University,
University of California Chancellors' offices, the California
Workforce Investment Board, county human services agencies, and
advocates for students and clients, establish a protocol to identify
and verify all potential exemptions to the eligibility rule described
in Section 273.5(a) of Title 7 of the Code of Federal Regulations,
and to identify and verify participation in educational programs,
including, but not limited to, self-initiated placements, that would
exempt a student from the eligibility rule described in Section 273.5
(a) of Title 7 of the Code of Federal Regulations. To the extent
possible, this consultation shall take place through existing
workgroups convened by the department.
   (c) If the United States Department of Agriculture requires
federal approval of the exemption designation established pursuant to
subdivision (a) and the protocol established pursuant to subdivision
(b), the department shall seek and obtain that approval before
publishing the guidance or regulation required by subdivision (e).
   (d) (1) This section does not require a county human services
agency to offer a particular component, support services, or worker's
compensation to a student found eligible for an exemption pursuant
to this section.
   (2) This section does not restrict or require the use of federal
funds for the financing of CalFresh E&T programs.
   (3) This section does not require a college or university to
provide a student with information necessary to verify eligibility
for CalFresh.
   (e) 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 shall implement this section by all-county letters or
similar instructions beginning no later than October 1, 2015, until
regulations are adopted. The department shall adopt regulations
implementing this section on or before October 1, 2017.