Bill Text: CA AB1965 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Antihunger Response Act of 2022.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2022-09-19 - Vetoed by Governor. [AB1965 Detail]
Download: California-2021-AB1965-Amended.html
and Employment Training Act of 2022.
CHAPTER
10.5. California Antihunger Response
and Employment Training (CARET) (CARE) to provide food assistance benefits for persons described in subdivision (b).
Bill Title: California Antihunger Response Act of 2022.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2022-09-19 - Vetoed by Governor. [AB1965 Detail]
Download: California-2021-AB1965-Amended.html
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Amended
IN
Senate
August 23, 2022 |
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Amended
IN
Assembly
May 19, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1965
| Introduced by Assembly Member Wicks (Coauthors: Assembly Members Davies and Villapudua) |
February 10, 2022 |
An act to add Chapter 10.5 (commencing with Section 18946) to Part 6 of Division 9 of the Welfare and Institutions Code, relating to CalFresh.
LEGISLATIVE COUNSEL'S DIGEST
AB 1965, as amended, Wicks.
California Antihunger Response and Employment Training Act of 2022.
Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.
Existing federal law limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met work participation requirements or is otherwise exempt. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing state law requires the State Department of Social
Services, to the extent permitted by federal law, to annually seek a federal waiver of the time limit. Existing federal law also authorizes a state to provide, in each fiscal year, a discretionary exemption from the 3-month time limit for covered individuals, to the extent that the average monthly number of exemptions in effect during a fiscal year does not exceed 12% of the number of covered individuals in the state.
Existing law requires the State Department of Social Services to establish the California Food Assistance Program (CFAP), and, operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System (SAWS) has been updated to perform the necessary automation, requires the department to use state funds appropriated for the program to provide nutritional benefits to households and to individuals 55 years of age or older, as specified,
that are ineligible for CalFresh benefits solely due to their immigration status.
This bill would require the department, with appropriated state funds, to establish
the California Antihunger Response and Employment Training (CARET) (CARE) to provide food assistance benefits to a person who has been determined ineligible for CalFresh benefits, or for whom CalFresh benefits have been discontinued as a result of the ABAWD time limit, and who also is ineligible for the discretionary exemption described above. The bill would require the person to receive CARET CARE benefits in the same amount that they would have received under the CalFresh program if the ABAWD time limit did not make them ineligible. The bill would require the issuance of CARET
CARE benefits through a the
state-administered and state-funded electronic benefits transfer system, as specified. Under the bill, the CARET CARE
benefit would only be available in a year during a period of time in which a statewide time limit waiver is not granted by the federal government, and in that case, the CARET CARE benefit would only be applicable in those areas that are not granted an area time limit waiver by the federal government. The bill would require the CARET CARE benefit to be operable by July 1, 2024.
one year after the above-mentioned CFAP provisions become operative.
The bill would require the department to develop, in consultation with specified entities, and to issue, guidance to maximize the use of discretionary exemptions from the 3-month time limit available under federal law and guidance relating to SNAP. SNAP and CalFresh. The bill would authorize the guidance to include redistribution of the discretionary exemptions between counties, as specified. The bill would require the guidance to be issued no later than April 1, 2023, and to remain operative until the CARET
CARE
benefit is operative, by which date the bill would require the department to issue new guidance to maximize the use of discretionary exemptions available under federal law, as well as the CARET CARE benefit.
To the extent that the bill would expand eligibility for county-administered benefits through the establishment of the CARET CARE program, the 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be referred to, as the California Antihunger ResponseSEC. 2.
The Legislature finds and declares all of the following:(a) One in five Californians suffers from food insecurity.
(b) The federal Supplemental Nutrition Assistance Program (SNAP), known as CalFresh in California, is the most important defense against hunger, helping millions of Californians prevent hunger and its long-term consequences.
(c) SNAP not only helps prevent hunger among low-income households, it also creates jobs and supports our food economy across the state.
(d) The Secretary of Food and Agriculture and the Secretary of California Health and Human Services sent the California congressional delegation a letter asking that they prioritize policies that reduce hunger, such as eliminating the able-bodied adult without dependents (ABAWD) time limit, in the reauthorization of SNAP through the 2018 Farm Bill.
(e) Instead, the 2018 Farm Bill, signed by the President of the United States on December 20, 2018, included a provision to reduce the number of individual waivers available for people who will lose benefits as a result of the ABAWD time limit, and the Trump Administration proposed regulations to further reduce protections to low-income, out-of-work, and underemployed people subject to the time limit.
(f) Thankfully,
the Trump Administration’s proposed rule was vigorously opposed in the courts and ultimately withdrawn by the Biden-Harris Administration. The final 2018 Farm Bill unfortunately included a provision to reduce the number of individual waivers from 15 percent to 12 percent of the state’s number of individuals subject to the ABAWD time limit.
(g) Hunger never makes any person better able to prepare for work, secure a job, or succeed at their place of employment. It only makes them, and our economy, weaker and less able to persevere during hard times.
(h) In addition, cutting low-income Californians from CalFresh disconnects them from CalFresh Employment and Training programs, which can help them reduce barriers to unemployment and gain new skills that increase their employability and
likelihood of their future economic success.
(i) California will establish a food assistance program that will serve low-income, out-of-work, underemployed, and job-seeking Californians who are impacted by this ill-conceived federal law.
SEC. 3.
Chapter 10.5 (commencing with Section 18946) is added to Part 6 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER
10.5. California Antihunger Response and Employment Training Benefit
18946.
(a) The State Department of Social Services shall use appropriated state funds to establish the California Antihunger Response(b) A person who has been determined ineligible for CalFresh benefits, or for whom CalFresh benefits have been discontinued, as a result of the federal able-bodied
adult without dependents (ABAWD) time limit, and who also is ineligible for a discretionary exemption as defined in Section 273.24(g)(3) of Title 7 of the Code of Federal Regulations, shall be eligible to receive CARET CARE benefits.
(c) The department shall provide CARET CARE benefits as state discretionary exemptions in addition to utilizing discretionary exemptions under federal law as defined in Section 273.24(g)(3)
of Title 7 of the Code of Federal Regulations.
(d) A person described in subdivision (b) shall receive CARET CARE benefits in the same amount as the CalFresh benefits they would have received if the ABAWD time limit did not make them ineligible.
(e) (1) Benefits issued pursuant to this chapter shall be issued through a the state-administered and state-funded electronic benefits transfer system that is subject to the standards established in Section 10072.
developed pursuant to the Electronic Benefits Transfer Act (Chapter 3 (commencing with Section 10065) of Part 1).
(2) The electronic benefits transfer system used to issue CARET CARE benefits may also be used to issue other state-funded food assistance benefits.
(f) This chapter applies only in a year
during a period of time in which a statewide time limit waiver is not granted by the federal government pursuant to Section 273.24(f) of Title 7 of the Code of Federal Regulations, and in that case, the chapter shall only be applicable in those areas that are not granted an area time limit waiver by the federal government pursuant to Section 273.24(f) of Title 7 of the Code of Federal Regulations.
(g) The CARET CARE benefit established pursuant to this section shall be operable on or before July 1, 2024.
one year after Section 18930, as amended by Section 84 of Chapter 50 of the Statutes of 2022, becomes operative.
SEC. 4.
(a) The State Department of Social Services shall issue guidance to maximize the use of discretionary exemptions available under federal law and guidance relating to the federal Supplemental Nutrition Assistance Program.(b) The department shall develop the guidance in consultation with the Office of Systems Integration, county human services agencies, public benefit recipient advocates, representatives of public benefit caseworkers, and other relevant stakeholders.
(c) The guidance may include redistribution of discretionary exemptions between counties, if necessary, to
maximize the use of the discretionary exemptions to prevent hunger among persons
subject to the federal able-bodied adult without dependents time limit.
(d) The guidance shall be issued no later than April 1, 2023, and shall remain operative until the CARET
CARE benefit described in Section 18946 of the Welfare and Institutions Code is operative, by which date the department shall issue new guidance to maximize the use of discretionary exemptions available under federal law, as well as the CARET CARE benefit.
