Bill Text: CA AB2057 | 2015-2016 | Regular Session | Chaptered
Bill Title: CalFresh: victims of domestic violence.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 859, Statutes of 2016. [AB2057 Detail]
Download: California-2015-AB2057-Chaptered.html
BILL NUMBER: AB 2057 CHAPTERED
BILL TEXT
CHAPTER 859
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 16, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
AMENDED IN ASSEMBLY MARCH 16, 2016
INTRODUCED BY Assembly Member Mark Stone
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 17, 2016
An act to amend Sections 18904.25 and 18926.5 of, and to add
Section 18914.5 to, the Welfare and Institutions Code, relating to
CalFresh.
LEGISLATIVE COUNSEL'S DIGEST
AB 2057, Mark Stone. CalFresh: victims of domestic violence.
Existing federal law provides for the federal 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. Existing
federal law authorizes a resident of a shelter for battered women and
children, as defined, who is currently included in a certified
household that also contains the abuser, to apply and, if otherwise
eligible, receive an additional allotment of benefits as a separate
household. Existing federal law requires a county human services
agency to provide CalFresh expedited services to certain households.
This bill would, to the extent permitted by federal law,
regulations, waivers, and directives, authorize a resident of, or an
individual on a waiting list to get into, a shelter for battered
women and children who is currently included in a certified household
that also contains the abuser, to apply for, and, if otherwise
eligible, would provide that the resident or individual is entitled
to, expedited services of an additional allotment of CalFresh
benefits as a separate household. By imposing additional duties on
local officials, this bill would impose a state-mandated local
program.
Existing law requires the State Department of Social Services to
develop and make available to homeless shelters, among other
locations, CalFresh information on expedited services targeted to the
homeless population. Existing law requires each county welfare
department, upon request, to provide homeless shelters with a supply
of CalFresh applications used to request expedited CalFresh services,
as specified.
This bill would additionally require the department to develop and
make available to domestic violence shelters CalFresh information on
expedited services targeted to victims of domestic violence. The
bill would also require a county human services agency, upon request,
to provide domestic violence shelters with a supply of CalFresh
applications used to request expedited CalFresh services, as
specified. By imposing additional duties on local officials, this
bill would impose a state-mandated local program.
Existing law authorizes counties to participate in the CalFresh
Employment and Training program (CalFresh E&T), established by
federal law, and requires participating counties to screen CalFresh
work registrants to determine whether they will participate in, or be
deferred from, CalFresh E&T. Existing law defers from mandatory
placement in CalFresh E&T specified individuals, including an
individual who is a veteran who has been honorably discharged from
the United States Army.
This bill would additionally defer from mandatory placement in
CalFresh E&T, an individual who is a victim of domestic violence.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18904.25 of the Welfare and Institutions Code
is amended to read:
18904.25. (a) Pursuant to the federal Stewart B. McKinney
Homeless Assistance Act (Public Law 100-77), the department shall
develop CalFresh information on expedited services targeted to the
homeless population, including unaccompanied homeless children and
youths, as those terms are defined in Section 11434a of Title 42 of
the United States Code. The department shall also develop information
on expedited services specified in Section 18914.5 for victims of
domestic violence. This information shall be made available to
homeless shelters, domestic violence shelters, emergency food
programs, local educational agency liaisons for homeless children and
youths, designated pursuant to Section 11432(g)(1)(J)(ii) of Title
42 of the United States Code, and other community agencies who
provide services to people who are homeless.
(b) Each county human services agency shall annually offer
training on CalFresh application procedures to homeless shelter
operators. That training shall include eligibility criteria and
specific information regarding the eligibility of unaccompanied
homeless children and youths. In addition, each county human services
agency, upon request, shall provide homeless shelters and domestic
violence shelters with a supply of that portion of the CalFresh
application used to request CalFresh expedited service.
(c) Upon receipt of a signed CalFresh application from an
unaccompanied child or youth under 18 years of age, the county human
services agency shall determine eligibility for CalFresh benefits,
including making a determination of whether the child or youth is
eligible to apply as a household of one or if he or she must apply
with members of a household with whom he or she is regularly
purchasing and preparing foods, and screen the application for
entitlement to expedited service pursuant to Section 18914. If the
application of the child or youth for CalFresh benefits is denied,
the county human services agency shall provide the child or youth a
written notice explaining the reason for the denial.
SEC. 2. Section 18914.5 is added to the Welfare and Institutions
Code, to read:
18914.5. (a) To the extent permitted by federal law, regulations,
waivers, and directives, a resident of, or an individual on a
waiting list to get into, a shelter for battered women and children
who is currently included in a certified household that also contains
the abuser, may apply for and, if otherwise eligible, shall be
entitled to expedited services of an additional allotment of CalFresh
benefits as a separate household.
(b) For purposes of this section, "shelter for battered women and
children" has the same meaning as provided in Section 271.2 of Title
7 of the Code of Federal Regulations.
SEC. 3. Section 18926.5 of the Welfare and Institutions Code is
amended to read:
18926.5. (a) For the purposes of this chapter, "CalFresh
Employment and Training program" or "CalFresh E&T" means the program
established under Section 6(d)(4)(B) of the federal Food and
Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7
of the Code of Federal Regulations, and associated administrative
notices published by the United States Department of Agriculture with
the purpose of assisting members of CalFresh households in gaining
skills, training, work, or experience that will increase their
ability to obtain regular employment.
(b) (1) A county that elects to participate in the CalFresh
Employment and Training (CalFresh E&T) program, as authorized by the
federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), shall
screen CalFresh work registrants to determine whether they will
participate in, or be deferred from, CalFresh E&T. If deferred, a
CalFresh work registrant may request to enroll in CalFresh E&T as a
voluntary participant. An individual shall be deferred from a
mandatory placement in CalFresh E&T if he or she satisfies any of the
criteria in Sections 273.7 and 273.24 of Title 7 of the Code of
Federal Regulations, if he or she resides in a federally determined
work surplus area, if he or she is a veteran who has been honorably
discharged from the United States Armed Forces, or if he or she is a
victim of domestic violence.
(2) For purposes of this section, "deferred" has the same meaning
as exempt.
(c) (1) A county participating in CalFresh E&T shall be required
to demonstrate in its CalFresh E&T plan how it is effectively using
CalFresh E&T funds for each of the components that the county offers,
including, but not limited to, any of the following:
(A) Self-initiated workfare.
(B) Work experience or training.
(C) Education.
(D) Job search.
(E) The support services or client reimbursements needed to
participate in subparagraphs (A) to (D), inclusive, as allowed by
federal law and guidance.
(2) Nothing in this section shall be construed to require a county
to offer a particular component as a part of its CalFresh E&T plan.
(d) Nothing in this section shall limit a county's ability to
condition the receipt of nonmedical benefits under Section 17000 on
an individual's participation in an employment and training or
workfare program of the county's choice, even if that program is
financed in whole or in part with CalFresh E&T funds or match funds.
(e) Nothing in this section shall restrict the use of federal
funds for the financing of CalFresh E&T programs.
(f) Nothing in this section shall be construed to require a county
to provide for workers' compensation coverage for a CalFresh E&T
participant. Notwithstanding Division 4 (commencing with Section
3200) of the Labor Code, a CalFresh E&T participant shall not be an
employee for the purposes of workers' compensation coverage, and a
county shall have no duty to provide workers' compensation coverage
for a CalFresh E&T participant.
(g) 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 may implement this section by all-county letters or
similar instructions. Thereafter, the department shall adopt
regulations to implement this section by October 1, 2013.
SEC. 4. 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.
