Bill Text: CA AB2300 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: CalWORKs and CalFresh: work requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-27 - Chaptered by Secretary of State - Chapter 588, Statutes of 2022. [AB2300 Detail]

Download: California-2021-AB2300-Amended.html

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Amended  IN  Assembly  March 29, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2300

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Introduced by Assembly Member Kalra

February 16, 2022

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An act to amend Sections 11320.3, 11320.31, and 11451.5 11451.5, and 11454.5 of, and to add Section 18929 to, the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL'S DIGEST

AB 2300, as amended, Kalra. CalWORKs and CalFresh: work requirements.

(1) Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law exempts certain persons from the welfare-to-work activities, including an individual whose presence in the home is required because of the illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipient’s ability to be regularly employed or to participate in welfare-to-work activities.

Under this bill, a nonbirthing parent caring for a new infant and a birthing parent parent, including both a birthing and nonbirthing parent, would qualify for that exemption for 12 weeks following the birth of a child. Under the bill, an adoptive or foster parent would also qualify for the exemption for 12 weeks following the adoption or foster placement of each child.

Existing law also authorizes a one-time exemption from the welfare-to-work requirements for a parent or other relative who has primary responsibility for personally providing care to a child 6 months of age or under, as specified. Under existing law, this period may be reduced by the county to the first 12 weeks after the birth or adoption of the child, or increased to the first 12 months after the birth or adoption of the child, as specified. Under existing law, upon the birth or adoption of any subsequent children, an individual who received that exemption is exempt for a period of 12 weeks, which may be extended on a case-by-case basis to 6 months, based on criteria developed by the county.

This bill instead would authorize an exemption for a parent or other relative who has primary responsibility for personally providing care to a child 12 months of age or under, and would authorize the county to increase that period to the first 24 months after the birth or adoption of the child, as specified. The bill would eliminate the limitation that the individual be exempt only once under this provision.

Existing law requires a county, in making the determination of whether to extend the time period for the exemption described above, to consider specified factors, including the availability of childcare and local labor market conditions.

This bill would include within those factors a disaster declaration impacting the family or services to the family.

Existing law also exempts a person who is pregnant from the welfare-to-work requirements.

This bill would also exempt from the welfare-to-work activities for 8 weeks a person who suffered a recent miscarriage. The bill would authorize a county to extend this time period for up to 12 months upon verification of the person’s medical record demonstrating that an extension is necessary.

Existing law authorizes an individual who is not required to participate in welfare-to-work activities to choose to participate voluntarily, and to end that participation at any time without loss of eligibility for aid, if the individual’s status has not changed in a way that would require participation.

This bill would require the county to inform an exempt parent every 3 months of their right to volunteer to participate, as specified.

Existing law prohibits sanctions from being applied for a failure or refusal to comply with program requirements if, among other reasons, the employment, offer of employment, activity, or other training for employment discriminates on specified bases or involves conditions that are in violation of applicable health and safety standards, or the employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation.

This bill would additionally prohibit sanctions from being applied for a failure or refusal to comply with program requirements if the recipient provides documentation that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or if the recipient provides documentation that the scheduled hours exhibit a pattern of unpredictability for that specific recipient so that the recipient cannot anticipate compliance with program requirements related to the job. The bill would also prohibit sanctions from being applied if the recipient self-certifies states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014, that the recipient experienced sexual harassment or other abusive conduct at the workplace, or that the recipient’s rights under specified laws were violated. The bill would require the county human services agency, when an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, to provide the applicant or recipient with information regarding workplace rights generally, as specified, and would require the State Department of Social Services to convene stakeholders to develop instructions for county human services agencies on how to best inform applicants and recipients of aid of those rights and remedies, and how to document self-certification, an applicant’s or recipient’s statement of a violation of the law, as specified.

Existing law requires a county to redetermine the amount of a CalWORKs grant on a semiannual basis, as specified. Under existing law, certain amounts are exempt from the calculation of income of the family for purposes of determining the amount of a grant under the CalWORKs program, including disability-based unearned income, as specified. Under existing law, disability-based unearned income means state disability insurance benefits, private disability insurance benefits, temporary workers’ compensation benefits, social security disability benefits, and any veteran’s disability compensation.

This bill would expand the definition of disability-based unearned income to include paid family leave benefits.

Under existing law, a parent or caretaker relative is not eligible for CalWORKs aid when the parent or caretaker has received aid for a cumulative total of 48 months. Existing law increases that time limit to 60 months on May 1, 2022, or upon a specified notification to the Legislature from the department. Existing law excepts from those time limits any month in which specified conditions exist, including that the recipient is exempt from participating in welfare-to-work activities because the recipient has primary responsibility for personally providing care to a child 24 months of age or younger.

This bill would additionally except from those time limits any month in which the recipient is receiving Paid Family Leave benefits. The bill would also provide a 3-month exemption to those time limits if the recipient meets one of the conditions described above that qualify for an exemption to sanctions for a failure or refusal to comply with program requirements.

By imposing additional duties on counties under the CalWORKs program, the bill would impose a state-mandated local program.

(2) Existing federal law provides for the federal 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, as a condition of eligibility for CalFresh, requires a household member who is not exempt to comply with specified work requirements, including the requirement that a member does not voluntarily and without good cause quit a job of 30 or more hours a week or reduce work effort less than 30 hours a week. Existing federal law defines “good cause” to include, among other things, circumstances beyond a member’s control, resigning from a job that is unsuitable, and discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin, or political beliefs.

This bill would, to the extent permitted by federal law, regulation, or waiver thereof, require that good cause exists for purposes of the above-mentioned work requirement if an applicant for, or recipient of, CalFresh benefits has voluntarily quit a job or reduced work hours based on at least one of the above-mentioned reasons for which welfare-to-work sanctions for a recipient of CalWORKs benefits shall not be applied, or because the scheduled work hours were so unpredictable that they did not allow an the applicant or recipient to anticipate the amount of monthly income from the job. When an the applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the bill would require the county human services agency to provide the applicant or recipient with information regarding workplace rights generally, as specified. By imposing additional duties on counties, the bill would impose a state-mandated local program.

(3) The bill would authorize the State Department of Social Services department to implement these provisions through an all-county letter or similar instruction from the Director of Social Services, until regulations are adopted on or before October 1, 2025. The bill would require the all-county letter, or similar instruction, or regulation to provide, among other things, that an applicant or recipient of CalFresh or CalWORKs is authorized to self-certify under penalty of perjury that specified reasons qualify for a good cause exemption or a relief from sanction. By expanding the crime of perjury, the bill would impose a state-mandated local program.

(4)Existing

(4) Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill.

(5)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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(5) 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: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) The majority of low-income people live in a household that is working.

(b) A living wage is the best tool to address poverty, which is supported by studies that have linked increased access to formal employment directly to poverty reduction.

(c) During the COVID-19 pandemic, the plight of low-income workers has only gotten worse with more acute economic crises and with their rights more frequently violated.

(d) Low-income workers are disproportionately workers of color. In particular, whereas Latinx workers make up 39 percent of the workforce, they make up 56 percent of low-wage workers. Similarly, 3 in 10 African American workers earn low wages.

(e) California currently has a labor shortage and low-income workers provide essential work services that California needs.

(f) Low-income workers who receive CalWORKS CalWORKs assistance should have equal rights to utilize and enforce their rights against employers who violate their rights without fear of losing their benefits.

(g) Low-income workers have an essential need for food regardless of whether they work and they should not lose access to food benefits if good cause exists for their failure to work.

(h) Low-income workers are often not scheduled enough hours to prevent poverty or to comply with public benefit work requirements.

(i) Low-income Californians should not be forced to seek employment or remain employed at a workplace that violates their basic worker rights.

(j) Low-income Californians should be informed about their worker rights when they seek public benefits or when they seek an increase in public benefits due to a loss of job or reduction in hours.

(k) Low-income workers have the least access to paid caregiving or partner leave.

(l) Even if provided with the option to have either partner take advantage of caregiving leave, our culture reinforces a social stigma that encourages the birthing parent to take leave, and as a result, both caregivers or parents should be offered parental leave to provide equitable access to paid parental leave.

(m) Exclusive or long-term breastfeeding is beneficial for both the child and the lactating parent, and the World Health Organization, along with many other countries and cultures, encourage breastfeeding for up to 24 months.

(n) Breastfeeding or pumping to breastfeed a baby up to 24 months is done every 2 to 3 hours with various schedule changes as the baby’s development progresses.

(o) Low-income workers who take leave to care for their babies are working to care for their babies with the consistent and demanding needs that babies up to 24 months have with diaper needs, feeding needs, and more.

(p) In the 24 months that a parent cares for a baby, sleep deprivation is common and results in significant physical and mental distress.

(q) Requiring low-income workers to choose between work or caregiving is unjustifiable and can be improved if the caregivers are provided with parental leave for each child for up to 24 months.

SEC. 2.

 Section 11320.3 of the Welfare and Institutions Code is amended to read:

11320.3.

 (a) (1) Except as provided in subdivision (b) or if otherwise exempt, every individual, as a condition of eligibility for aid under this chapter, shall participate in welfare-to-work activities under this article.

(2) Individuals eligible under Section 11331.5 shall be required to participate in the Cal-Learn Program under Article 3.5 (commencing with Section 11331) in lieu of the welfare-to-work requirements, and subdivision (b) shall not apply to that individual.

(b) The following individuals shall not be required to participate for so long as the condition continues to exist:

(1) An individual under 16 years of age.

(2) (A) A child attending an elementary, secondary, vocational, or technical school on a full-time basis.

(B) A person who is 16 or 17 years of age who has obtained a high school diploma or its equivalent and is enrolled or is planning to enroll in a postsecondary education, vocational, or technical school training program shall not be required to participate for so long as the condition continues to exist.

(C) For purposes of subparagraph (B), a person shall be deemed to be planning to enroll in a postsecondary education, vocational, or technical school training program if the person or the person’s parent, acting on the person’s behalf, submits a written statement expressing the person’s intent to enroll in a program for the following term. The exemption from participation shall not continue beyond the beginning of the term, unless verification of enrollment is provided or obtained by the county.

(3) An individual who meets either of the following conditions:

(A) The individual is disabled as determined by a doctor’s verification that the disability is expected to last at least 30 days and that it significantly impairs the recipient’s ability to be regularly employed or participate in welfare-to-work activities, provided that the individual is actively seeking appropriate medical treatment.

(B) The individual is of advanced age.

(4) A nonparent caretaker relative who has primary responsibility for providing care for a child and is either caring for a child who is a dependent or ward of the court or caring for a child in a case in which a county determines the child is at risk of placement in foster care, and the county determines that the caretaking responsibilities are beyond those considered normal day-to-day parenting responsibilities such that they impair the caretaker relative’s ability to be regularly employed or to participate in welfare-to-work activities.

(5) (A) An individual whose presence in the home is required because of illness or incapacity of another member of the household and whose caretaking responsibilities impair the recipient’s ability to be regularly employed or to participate in welfare-to-work activities.

(B)A nonbirthing parent caring for a new infant and a birthing parent qualify for the exemption under subparagraph (A) for 12 weeks following the birth of a child.

(B) A parent, including both a birthing and nonbirthing parent, qualifies for the exemption under subparagraph (A) for 12 weeks following the birth of each child. This time shall not be counted under any other exemption.

(C) An adoptive or foster parent qualifies for the exemption under subparagraph (A) for 12 weeks following the adoption or foster placement of each child. This time shall not be counted under any other exemption.

(6) A parent or other relative who meets the criteria in subparagraph (A) or (B).

(A) (i) The parent or other relative has primary responsibility for personally providing care to a child 12 six months of age or under, except that, on a case-by-case basis, and based on criteria developed by the county, this period may be reduced to the first 12 weeks after the birth or adoption of the child, or increased to the first 24 12 months after the birth or adoption of the child. An individual may be exempt only once under this clause.

(ii) An individual that received an exemption pursuant to clause (i) shall be exempt for a period of 12 weeks, upon the birth or adoption of any subsequent children, except that this period may be extended on a case-by-case basis to six months, based on criteria developed by the county.

(ii)

(iii) In making the determination to extend the period of exception under clause (i), (i) or (ii), the following may be considered:

(I) The availability of childcare.

(II) Local labor market conditions.

(III)A disaster declaration impacting the family or services to the family.

(IV)

(III) Other factors determined by the county.

(iv) Effective January 1, 2013, the parent or other relative has primary responsibility for personally providing care to one child from birth to 23 months, inclusive. The exemption provided for under this clause shall be available in addition to any other exemption provided for under this subparagraph. An individual may be exempt only once under this clause.

(B) In a family eligible for aid under this chapter due to the unemployment of the principal wage earner, the exemption criteria contained in subparagraph (A) shall be applied to only one parent.

(7) A recipient who is pregnant. A pregnant recipient may volunteer to participate in welfare-to-work activities.

(8)A person who suffered a recent miscarriage shall be exempt from participating in welfare-to-work requirements for eight weeks. The county may consider extending this time period for up to 12 months upon verification of the person’s medical record demonstrating that an extension is necessary. If the person is unable to secure the medical verification, but is otherwise eligible for an exemption from welfare-to-work requirements under this section, including good cause for temporary illness related to the miscarriage, the person shall be exempt from participation.

(c) An individual not required to participate may choose to participate voluntarily under this article, and end that participation at any time without loss of eligibility for aid under this chapter, if the individual’s status has not changed in a way that would require participation. The county shall inform an exempt parent every three months of their right to volunteer to participate by mailing the parent a form to request to volunteer to participate.

(d) (1) Notwithstanding subdivision (a), a custodial parent who is under 20 years of age and who has not earned a high school diploma or its equivalent, and who is not exempt or whose only basis for exemption is paragraph (1), (2), (5), (6), (7), or (8) of subdivision (b), shall be required to participate solely for the purpose of earning a high school diploma or its equivalent. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.

(2) Section 11325.25 shall apply to a custodial parent who is 18 or 19 years of age and who is required to participate under this article.

(e) Notwithstanding paragraph (1) of subdivision (d), the county may determine that participation in education activities for the purpose of earning a high school diploma or equivalent is inappropriate for a custodial parent who is 18 or 19 years of age only if that parent is reassigned pursuant to an evaluation under Section 11325.25, or, at appraisal is already in an educational or vocational training program that is approvable as a self-initiated program as specified in Section 11325.23. If that determination is made, the parent shall be allowed to continue participation in the self-initiated program subject to Section 11325.23. During the time that Article 3.5 (commencing with Section 11331) is operative, this subdivision shall only apply to a custodial parent who is 19 years of age.

(f) A recipient shall be excused from participation for good cause when the county has determined there is a condition or other circumstance that temporarily prevents or significantly impairs the recipient’s ability to be regularly employed or to participate in welfare-to-work activities. The county human services agency shall review the good cause determination for its continuing appropriateness in accordance with the projected length of the condition, or circumstance, but not less than every three months. The recipient shall cooperate with the county human services agency and provide information, including written documentation, as required to complete the review. Conditions that may be considered good cause include, but are not limited to, the following:

(1) Lack of necessary supportive services.

(2) In accordance with Article 7.5 (commencing with Section 11495), the applicant or recipient is a victim of domestic violence, but only if participation under this article is detrimental to or unfairly penalizes that individual or their family.

(3) Licensed or license-exempt childcare for a child 10 years of age or younger is not reasonably available during the individual’s hours of training or employment including commuting time, or arrangements for childcare have broken down or have been interrupted, or childcare is needed for a child who meets the criteria of subparagraph (C) of paragraph (1) of subdivision (a) of Section 11323.2, but who is not included in the assistance unit. For purposes of this paragraph, “reasonable availability” means childcare that is commonly available in the recipient’s community to a person who is not receiving aid and that is in conformity with the requirements of Public Law 104-193. The choices of childcare shall meet either licensing requirements or the requirements of Section 11324. This good cause criterion shall include the unavailability of suitable special needs childcare for children with identified special needs, including, but not limited to, disabilities or chronic illnesses.

SEC. 3.

 Section 11320.31 of the Welfare and Institutions Code is amended to read:

11320.31.

 (a) Sanctions shall not be applied for a failure or refusal to comply with program requirements for reasons related to employment, an offer of employment, an activity, or other training for employment including, but not limited to, the following reasons:

(1) The employment, offer of employment, activity, or other training for employment discriminates on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code.

(2) The employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation, the recipient provides documentation to the county human services agency that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or the recipient provides documentation to the county human services agency that the scheduled hours exhibit a pattern of unpredictability for that specific recipient that does not allow the recipient to anticipate compliance with program requirements related to the job.

(3) The employment, offer of employment, activity, or other training for employment requires travel to and from the place of employment, activity, or other training and a recipient’s home that exceeds a total of two hours in round trip time, exclusive of the time necessary to transport family members to a school or place providing care, or, if walking is the only available means of transportation, the round trip is more than two miles, exclusive of the mileage necessary to accompany family members to a school or a place providing care. A recipient who fails or refuses to comply with the program requirements based on this paragraph shall be required to participate in community service activities pursuant to Section 11322.9.

(4) The employment, offer of employment, activity, or other training for employment involves conditions that are in violation of applicable health and safety standards.

(5) The employment, offer of employment, or work activity does not provide for workers’ compensation insurance.

(6) Accepting the employment or work activity would cause an interruption in an approved education or job training program in progress that would otherwise lead to employment and sufficient income to be self-supporting, excluding work experience or community service employment as described in subdivisions (d) and (j) of Section 11322.6 and Section 11322.9 or other community work experience assignments, except that a recipient may be required to engage in welfare-to-work activities to the extent necessary to meet the hours of participation required by Section 11322.8.

(7) Accepting the employment, offer of employment, or work activity would cause the recipient to violate the terms of the recipient’s union membership.

(8) The recipient self-certifies states that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014 (Article 1.5 (commencing with Section 245) of Chapter 1 of Part 1 of Division 2 of the Labor Code).

(9) The recipient self-certifies states that the recipient experienced sexual harassment or other abusive conduct at the workplace. For purposes of this section, “abusive conduct” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 12950.1 of the Government Code.

(10) The recipient self-certifies states that the recipient’s rights under the Wage Theft Prevention Act of 2011 were violated.

(11) The recipient self-certifies states that the recipient’s rights under the Domestic Worker Bill of Rights (Part 4.5 (commencing with Section 1450) of Division 2 of the Labor Code) were violated.

(12) The recipient self-certifies states that the recipient’s rights under the CROWN Act (Section 212.1 of the Education Code and subdivision subdivisions (w) and (x) of Section 12926 of the Government Code) were violated.

(13) The recipient self-certifies states that the recipient’s rights under the California Family Rights Act (Section 12945.2 of the Government Code) were violated.

(14) The recipient self-certifies states that the recipient’s rights under the Garment Worker’s Worker Protection Act were violated (Sections 1174.1, 2670, 2671, 2673, 2673.1, 2673.2 2673.2, and 2675.5 of the Labor Code) were violated.

(15) The recipient self-certifies states that the recipient’s rights under the Fair Chance Act (Section 12952 of the Government Code) or Section 432.7 of the Labor Code were violated.

(16) The recipient self-certifies states that the recipient’s rights under the Gender Nondiscrimination Act as contained in Sections 12926, 12940, 12949, and 12955 of the Government Code, were violated.

(17) The recipient self-certifies states that the recipient’s rights under Section 432.6 of the Labor Code were violated.

(18) The recipient self-certifies states that the recipient’s rights under Section 230 or 230.1 of the Labor Code were violated.

(19) The recipient self-certifies states that the recipient’s rights under the Family-School Partnership Act (Section 230.8 of the Labor Code) were violated.

(20) The recipient self-certifies states that the recipient’s rights to lactation accommodations were violated under Section 1031, 1032, 1033, or 1034 of the Labor Code.

(21) The recipient self-certifies states that the recipient’s rights under any federal, state, or local law were violated.

(b) For purposes of subdivision (a), verification of the recipient’s statement is not required. The recipient need not reference any specific law in stating that their rights were violated.

(b)

(c) If a recipient has received relief from a program sanction pursuant to this section, the recipient shall participate in all other welfare-to-work activities required by the recipient’s welfare-to-work plan, with the exception of employment requirements. This relief shall last no longer than three months from the first date of the failure or refusal to comply with program requirements.

(c)

(d) If an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Department of Fair Employment and Housing. The State Department of Social Services shall convene stakeholders to develop instructions for county human services agencies on how to best inform applicants and recipients of their workplace rights and available remedies, and how to document applicants’ or recipients’ self-certification an applicant’s or recipient’s statement of circumstances as required by this section. The State Department of Social Services, along with the stakeholder group, shall also develop instructions for county human services agencies on how best to issue an annual guidance to applicants and recipients of new rights under the California Family Rights Act (Section 12945.2 of the Government Code). Code) and other new rights under federal, state, or local laws. Stakeholders may be convened concurrently with an existing department stakeholder meeting.

SEC. 4.

 Section 11451.5 of the Welfare and Institutions Code, as added by Section 60 of Chapter 27 of the Statutes of 2019, is amended to read:

11451.5.

 (a) Except as provided in subdivision (c), the following income shall be exempt from the calculation of the income of the family for purposes of subdivision (a) of Section 11450:

(1) If disability-based unearned income does not exceed two hundred twenty-five dollars ($225), both of the following amounts:

(A) All disability-based unearned income, plus any amount of not otherwise exempt earned income equal to the amount of the difference between the amount of disability-based unearned income and two hundred twenty-five dollars ($225).

(B) Fifty percent of all not otherwise exempt earned income in excess of the amount applied to meet the differential applied in subparagraph (A).

(2) If disability-based unearned income exceeds two hundred twenty-five dollars ($225), both of the following amounts:

(A) All of the first two hundred twenty-five dollars ($225) in disability-based unearned income.

(B) Fifty percent of all earned income.

(b) For purposes of this section:

(1) Earned income means gross income received as wages, salary, employer-provided sick leave benefits, commissions, or profits from activities such as a business enterprise or farming in which the recipient is engaged as a self-employed individual or as an employee.

(2) Disability-based unearned income means state disability insurance benefits, private disability insurance benefits, temporary workers’ compensation benefits, social security disability benefits, paid family leave benefits, and any veteran’s disability compensation.

(3) Unearned income means any income not described in paragraph (1) or (2).

(c) Each two-hundred-twenty-five-dollar ($225) amount specified in subdivision (a), shall be increased as follows:

(1) Effective the date on which this section becomes operative pursuant to subdivision (d), to five hundred dollars ($500).

(2) Effective one year from the date on which this section becomes operative pursuant to subdivision (d), to five hundred fifty dollars ($550).

(3) Effective two years from the date on which this section becomes operative pursuant to subdivision (d), to six hundred dollars ($600).

(d) This section shall become operative on June 1, 2020, or when the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

SEC. 5.

 Section 11454.5 of the Welfare and Institutions Code is amended to read:

11454.5.

 (a) Any month in which the following conditions exist shall not be counted as a month of receipt of aid for the purposes of subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 11454:

(1) The recipient is exempt from participation under Article 3.2 (commencing with Section 11320) due to disability, or advanced age in accordance with paragraph (3) of subdivision (b) of Section 11320.3, or due to caretaking responsibilities that impair the recipient’s ability to be regularly employed, in accordance with paragraph (5) of subdivision (b) of Section 11320.3.

(2) The recipient is eligible for, participating in, or exempt from, the Cal-Learn Program provided for pursuant to Article 3.5 (commencing with Section 11331), for any period during which the Cal-Learn Program is operative, is participating in another teen parent program approved by the department, or is a nonminor dependent under the supervision of the county welfare or probation department who is placed in an approved relative’s home and is eligible for aid under this section because the recipient satisfies the conditions described in Section 11403.

(3) The cost of the cash aid provided to the recipient for the month is fully reimbursed by child support, whether collected in that month or any subsequent month.

(4) The family is a former recipient of cash aid under this chapter and currently receives only child care, case management, or supportive services pursuant to Section 11323.2 or Article 15.5 (commencing with Section 8350) of Chapter 2 of Part 6 of Title 1 of the Education Code.

(5) To the extent provided by federal law, the recipient lived in Indian country, as defined by federal law, or an Alaskan native village in which at least 50 percent of the adults living in the Indian country or in the village are not employed.

(6) The recipient received CalWORKs for any month between August 1, 2009, and January 1, 2015, and was either exempt from participation under paragraph (7) of subdivision (b) of Section 11320.3, or was exempt from participation and was not reengaged in accordance with subdivision (h) of Section 11320.3, as that section read on June 30, 2020.

(7) The recipient is exempt from participating in welfare-to-work activities because the recipient has primary responsibility for personally providing care to a child 24 months of age or younger, pursuant to clause (iv) of subparagraph (A) of paragraph (6) of subdivision (b) of Section 11320.3.

(8) The recipient is receiving Paid Family Leave benefits.

(9) The recipient meets one of the conditions specified in subdivision (a) of Section 11320.31. The exemption provided by this paragraph shall be for a period of three months from the first date the recipient meets one of the conditions specified in subdivision (a) of Section 11320.31.

(b) In cases where a lump-sum diversion payment is provided in lieu of cash aid under Section 11266.5, the month in which the payment is made or the months calculated pursuant to subdivision (f) of Section 11266.5 shall count against the limits specified in Section 11454.

SEC. 5.SEC. 6.

 Section 18929 is added to the Welfare and Institutions Code, to read:

18929.

 To the extent permitted by federal law, regulation, or a waiver of a federal law or regulation, a county shall determine that good cause exists for purposes of the work requirement specified in Section 273.7(a)(1)(vii) of Title 7 of the Code of Federal Regulations if an applicant or recipient has voluntarily quit a job or reduced work hours based on at least one of the reasons enumerated in subdivision (a) of Section 11320.31, or because the scheduled work hours were so unpredictable that they did not allow the applicant or recipient to anticipate the amount of monthly income from the job. If the applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the county human services agency shall provide the applicant or recipient with information regarding workplace rights generally, including information about how to file complaints with the Division of Labor Standards Enforcement and the Department of Fair Employment and Housing. This information shall be provided pursuant to the instructions developed by the workgroup specified in subdivision (c) of Section 11320.31.

SEC. 6.SEC. 7.

 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 State Department of Social Services may implement this act through an all-county letter or similar instruction from the Director of Social Services, until regulations are adopted. The department shall adopt regulations implementing this act on or before October 1, 2025. The all-county letter, or similar instruction, or regulation shall provide all both of the following:

(a) An applicant or recipient of CalFresh or CalWORKs may self-certify under penalty of perjury state that the reason the applicant or recipient voluntarily quit a job or reduced work hours qualifies for a good cause exemption, as specified in Section 18929 of the Welfare and Institutions Code.

(b) A recipient of CalWORKs may self-certify under penalty of perjury state that the reason the recipient failed or refused to comply with program requirements qualifies for a relief from sanction, as specified in Section 11320.31 of the Welfare and Institutions Code.

(c)Guidance on how the county shall collect verification in instances in which more than one request for a good cause exemption or relief from sanction is made.

SEC. 7.SEC. 8.

 No appropriation pursuant to Section 15200 of the Welfare and Institutions Code shall be made for purposes of this act.

SEC. 8.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other 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.

SEC. 9.

 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.