Bill Text: CA AB2413 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Greenhouse Gas Reduction Fund: study: securitization.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-02 - Re-referred to Com. on EQ. [AB2413 Detail]

Download: California-2019-AB2413-Amended.html

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Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2413

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Introduced by Assembly Member Ting
(Principal coauthor: Senator Wiener)

February 18, 2020

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An act to amend Sections 11023.7, 11265.1, 18901, 18901.1, 18901.10, 18910, 18905, and 18926 of, and to add Sections 11023.8 11023.8, 11265.15, 18910.2, and 18918.1 to, the Welfare and Institutions Code, relating to CalFresh. public social services.

LEGISLATIVE COUNSEL'S DIGEST

AB 2413, as amended, Ting. CalFresh: CalWORKs: eligibility and reporting.

Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP), administered in California as CalFresh, under which each county distributes nutrition assistance benefits provided by the federal government to eligible households. Existing law requires each county human services agency to carry out the local administrative responsibilities of this program, subject to the supervision of the State Department of Social Services and to rules and regulations adopted by the department. Among other requirements, existing law requires each county welfare department to, if appropriate, exempt a household from complying with face-to-face interview requirements for purposes of determining eligibility at initial application and recertification. Existing law requires the department to implement a semiannual reporting system regarding CalFresh, as specified.

This bill would require the department to establish and require the use of self-attestation by CalFresh applicants and beneficiaries to verify required information to the extent permitted by federal law and to apply for any waivers necessary to simplify verification requirements. The bill would require the department to issue guidance that prohibits a county human services agency from requesting additional documents to verify dependent care expenses, except as specified. The bill would require the department to take specified actions by January 1, 2022, in an effort to expand CalFresh program outreach and retention and improve dual enrollment between the CalFresh and Medi-Cal programs. The bill would also require county departments, no later than an unspecified date, January 1, 2024, to provide prepopulated CalFresh applications to Medi-Cal beneficiaries who are apparently CalFresh eligible and not dually enrolled during the Medi-Cal renewal process and to utilize text messaging as a method of communication, as specified. The bill would require the department to work with county human services agencies, client advocates, and the Statewide Automated Welfare System to eliminate semiannual reporting, and instead implement a change-reporting system, as specified, for certain households by no later than an unspecified date. The bill would also include a statement of legislative findings and declarations.

Existing law requires the department to annually seek a federal waiver of the existing federal SNAP limitation that stipulates that an able-bodied adult without dependents participant is limited to 3 months of CalFresh benefits in a 3-year period unless that participant has met the work participation requirement or is otherwise exempt. If a county is not eligible for a countywide waiver, existing law authorizes a county to request the department to apply for the waiver for one or more eligible subareas of the county.

This bill would instead require the department to apply for that waiver. waiver, except as specified.

Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds. Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits and, at the time of redetermination, require the family to complete a certificate of eligibility. Existing law additionally requires the county to redetermine recipient eligibility and grant amounts on a semiannual basis and requires the recipient to submit a semiannual report form during the first semiannual reporting period following the application or annual redetermination of eligibility. Existing law requires, to the extent permitted by federal law, the department to implement the semiannual reporting system, including the use of the semiannual report form, in the CalFresh program.

This bill would require the department to convene a workgroup to consider changes to semiannual reporting and the prospective budgeting structure and would require the workgroup’s recommendations to be submitted to the Legislature by October 1, 2021. The bill would also make various changes to the existing semiannual reporting requirements, including by, among other things, requiring counties to attempt to collect necessary information to complete a recipient’s semiannual report form if the recipient has failed to complete the form by a specified date.

By imposing a higher level of service on county welfare departments, 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: YES  

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Bill Text

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

SECTION 1.

 (a) The Legislature finds and declares that hunger and food insecurity continue to be a growing problem in California caused by a number of factors, including income and wealth inequality, the high cost of living, the aging state population, and the increased homelessness rates. In this regard, the Legislature finds all of the following:

(1) The impact hunger and food insecurity has had on the overall development, health, and economy for the state is a serious and costly issue California is facing.

(2) CalFresh is a critical statewide tool that provides much-needed food security, and currently serves over 4,000,000 Californians.

(3) While the federal government has made numerous attempts to undermine the federal Supplemental Nutrition Assistance Program (SNAP) program nationwide, California has in recent years made significant increases in CalFresh program access rates and progress in expanding benefits to vulnerable populations, including the elderly, disabled, and previously ineligible Supplemental Security Income populations.

(4) There remain opportunities for improving the CalFresh access rate as certain state policy decisions have contributed to the lower CalFresh program enrollment rate.

(5) State investments in county business processes can also improve CalFresh program access rates by promoting and funding county best practices.

(b) Therefore, it is the intent of the Legislature to maximize the impact of federal safety net SNAP funding to fight hunger and poverty by further reducing program barriers that lead to lower enrollment and retention rates and program turnover, and by promoting county best practices to help California accomplish this goal.

SEC. 2.

 This act shall be known, and may be cited, as the More CalFresh, Less Hunger Act.

SEC. 3.

 Section 11023.7 of the Welfare and Institutions Code is amended to read:

11023.7.

 (a) If it is within the capacity of the county, a county may communicate with an applicant for, or recipient of, benefits under CalWORKs (Chapter 2 (commencing with Section 11200)) or the Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (Chapter 10.3 (commencing with Section 18937) of Part 6) via computer-generated text message. All communications and notices of actions sent via computer-generated text message shall comply with Section 227 of Title 47 of the United States Code.

(b) Communications sent via computer-generated text message shall not include case-identifying information, as that term is defined by the State Department of Social Services. Notices of action may only be sent via computer-generated text message pursuant to this section using a link to a secure online portal where the applicant or recipient can access the notice of action after securely logging in. All other communications sent via computer-generated text messages to an applicant or recipient are not required to be sent using a link to a secure online portal unless otherwise required by federal law or guidance.

(c) Only the first or last name, but not both, of an applicant or recipient may appear in a text message generated pursuant to this section.

(d) (1) All electronic technology used pursuant to this section shall be in compliance with state information technology policy, and related state and federal law, including, but not limited to, Sections 7405 and 11135 of the Government Code, Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the regulations implementing that act, as set forth in Part 1194 (commencing with Section 1194.1) of Chapter XI of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and the obligation under these laws to communicate with people with disabilities in a manner that is as effective as communications with people without disabilities.

(2) This subdivision is declarative of existing law.

SEC. 4.

 Section 11023.8 is added to the Welfare and Institutions Code, to read:

11023.8.

 Not later than ____, each As soon as the California Statewide Automated Welfare System (CalSAWS) has the functionality, but no later than January 1, 2022, and a county welfare department begins utilizing CalSAWS, the county welfare department shall utilize the text message communication method described in Section 11023.7 for the CalFresh program (Chapter 10 (commencing with Section 18900) of Part 6) for applicants and beneficiaries who have opted in to the extent permissible. This section does not prohibit a county welfare department or CalSAWS systems from implementing text message communication prior to January 1, 2022, to the extent that the necessary functionality and necessary resources are available.

SEC. 5.

 Section 11265.1 of the Welfare and Institutions Code is amended to read:

11265.1.

 (a) Counties shall redetermine recipient eligibility and grant amounts on a semiannual basis in a prospective manner, using reasonably anticipated income consistent with Section 5 of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2014(f)(3)(A)) and any subsequent amendments thereto, implementing regulations, and any waivers obtained by the department pursuant to Section 18910. Counties shall use the information reported on a recipient’s semiannual report form or annual certificate of eligibility required pursuant to Section 11265 to prospectively determine eligibility and the grant amount for each semiannual reporting period.

(b) A semiannual reporting period shall be six consecutive calendar months. In addition to the annual certificate of eligibility required pursuant to Section 11265, a semiannual report form shall be required during the first semiannual reporting period following the application or annual redetermination.

(c) (1) The recipient shall submit a semiannual report form during the first semiannual reporting period following the application or annual redetermination of eligibility.

(2) Counties shall provide a semiannual report form to recipients at the end of the fifth month of the semiannual reporting period, and recipients shall return the completed semiannual report form with required verification to the county by the 11th day of the sixth month of the semiannual reporting period.

(3) (A) The semiannual report form shall be signed under penalty of perjury, and shall include only the information necessary to determine CalWORKs and CalFresh eligibility and calculate the CalWORKs grant amount and CalFresh allotment, as specified by the department. The form shall be written in language that is as understandable as possible for recipients and shall require recipients to provide the following:

(A)

(i) Information about income received during the fifth month of the semiannual reporting period. However, if the recipient does not timely submit the semiannual report but subsequently provides the report in order to reestablish eligibility, the county shall instead contact the recipient to gather income information from the most recent 30 days in order to determine eligibility based on the most recent information available. The county shall first attempt to contact the recipient by telephone, or if consent has been provided, text message or electronically, to gather the necessary information before, or in conjunction with, seeking this information via mail.

(B)

(ii) Any other changes to facts required to be reported. The recipient shall provide verification as specified by the department with the semiannual report form.

(B) The department shall, for purposes of this section, establish and require the use of self-attestation to the greatest extent federally allowable. This subparagraph shall be implemented upon notification by the department to the Legislature that the automation necessary to carry out these provisions has been completed. 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 issue an all-county letter or similar instructions no later than September 1, 2020, to facilitate automation changes necessary to implement this subparagraph.

(4) The semiannual report form shall be considered complete if the following requirements, as specified by the department, are met:

(A) The form is signed no earlier than the first day of the sixth month of the semiannual reporting period by the persons specified by the department.

(B) All questions and items pertaining to CalWORKs and CalFresh eligibility and grant amounts are answered.

(C) Verification required by the department is provided.

(5) If a recipient fails to submit a complete semiannual report form, as described in paragraph (4), by the 11th day of the sixth month of the semiannual reporting period, the county shall provide the recipient with a notice that the county will terminate benefits at the end of the month. Prior to terminating benefits, the county shall attempt to make personal contact by a county worker via telephone or, if consent has been provided, text message or electronically to remind the recipient that a completed report is due or, if and attempt to collect the necessary information to complete the form. The personal contact may be made instead of, or in conjunction with, sending a written request for information by mail. If contact is not made, the county shall send a reminder notice to the recipient no later than five days prior to the end of the month. Any discontinuance notice shall be rescinded if a complete report is received received, or the necessary information is obtained via an acceptable alternative method and documented in the case file, by the end of the first working day of the first month of the following semiannual reporting period.

(6) The county may determine, at any time prior to the last day of the calendar month following discontinuance for nonsubmission of a semiannual report form, that a recipient had good cause for failing to submit a complete semiannual report form, as described in paragraph (4), by the end of the first working day of the month following discontinuance. If the county finds a recipient had good cause, as defined by the department, it shall rescind the discontinuance notice. Good cause exists only when the recipient cannot reasonably be expected to fulfill his or her the recipient’s reporting responsibilities due to factors outside of the recipient’s control.

(d) Administrative savings that may be reflected in the annual Budget Act due to the implementation of semiannual reporting pursuant to the act that added this section shall not exceed the amount necessary to fund the net General Fund and TANF costs of the semiannual reporting provisions of that act. Possible additional savings in excess of this amount may only be reflected in the annual Budget Act to the extent that they are based on actual savings related to the change to semiannual reporting calculated based on data developed in consultation with the County Welfare Directors Association (CWDA).

(e) The department, in consultation with the CWDA, shall update the relevant policy and fiscal committees of the Legislature as information becomes available regarding the effects upon the program efficiency of implementation of semiannual reporting requirements set forth in Section 11004.1. The update shall be based on data collected by CWDA and select counties. The department, in consultation with CWDA, shall determine the data collection needs required to assess the effects of the semiannual reporting.

(f) Counties may establish staggered semiannual reporting cycles for individual recipients, based on factors established or approved by the department, provided the semiannual reporting cycle is aligned with the annual redetermination of eligibility; however, all recipients within a county must be transitioned to a semiannual reporting system simultaneously. Up to and until the establishment of a countywide semiannual system, counties shall operate a quarterly system, as established by law and regulation applicable immediately prior to the establishment of the semiannual reporting system.

(g)(1)This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.

(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.

(3)Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.

SEC. 6.

 Section 11265.15 is added to the Welfare and Institutions Code, to read:

11265.15.

 (a) The department shall work with the County Welfare Directors Association of California, representatives of county eligibility workers, the Statewide Automated Welfare System, and client advocates to develop and implement the necessary system changes to prepopulate the semiannual report form described in Section 11265.1.

(b) Upon certification that the Statewide Automated Welfare System can perform the necessary automation to implement this section, counties shall provide recipients with a prepopulated semiannual report form instead of a blank form to comply with the requirement described in paragraph (2) of subdivision (c) of Section 11265.1.

SEC. 5.SEC. 7.

 Section 18901 of the Welfare and Institutions Code is amended to read:

18901.

 (a) The eligibility of households shall be determined to the extent permitted by federal law.

(b) In determining eligibility for CalFresh, minimum age requirements other than those that exist under federal law shall not be imposed.

(c) The department shall establish and require the use of self-attestation by CalFresh applicants and beneficiaries to verify required information to the extent permitted by federal law and shall apply for any waivers necessary to simplify verification requirements. This subdivision shall be implemented upon notification by the department to the Legislature that the automation necessary to carry out these provisions has been completed. 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 issue an all-county letter or similar instructions no later than September 1, 2020, to facilitate automation changes necessary to implement this subdivision.

(d) Verification standards acceptable by the department for quality control purposes shall not be more stringent than those allowable for use by counties for eligibility verification and determination processes. acceptable under federal law and regulations.

SEC. 6.SEC. 8.

 Section 18901.1 of the Welfare and Institutions Code is amended to read:

18901.1.

 (a) The department shall issue guidance to counties that does all of the following:

(1) Simplifies the verification of dependent care expense deductions necessary to determine a household’s eligibility for, or the benefit level of, CalFresh.

(2) Establishes that dependent care expenses shall be considered verified upon receipt of a self-certified statement of monthly dependent care expenses, unless federal law or guidance requires additional documentation.

(3) Prohibits a county human services agency from requesting additional documents to verify dependent care expenses, except when the reported dependent care expenses are questionable as defined in state regulations.

(b) A county shall not be liable for a state or federal quality control error identified as a result of implementing this section.

(b)

(c) 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), until regulations are adopted, the department may implement this section through all-county letters or similar instructions. The department shall adopt regulations implementing this section.

SEC. 7.SEC. 9.

 Section 18901.10 of the Welfare and Institutions Code is amended to read:

18901.10.

 To the extent permitted by federal law, and subject to the limitation in subdivision (d), each county welfare department shall, if appropriate, exempt a household from complying with face-to-face interview requirements for purposes of determining eligibility at initial application and recertification, according to the following:

(a) The county welfare department shall screen each household’s need for exemption status at application and recertification.

(b) A person eligible for an exemption under this section may request a face-to-face interview to establish initial eligibility or to comply with recertification requirements.

(c) Commencing on ____, (1) No later than July 1, 2021, for purposes of interview scheduling and rescheduling at initial application and recertification, county welfare departments shall implement at least one one or more of the following interview scheduling techniques, techniques in addition to providing written notice, to the extent they are not currently in use: on-demand, time-block, telephonic, telephonic contact in conjunction with, or prior to, the provision of written communication about the need to schedule an interview, and same-day interviews.

(2) The department, in consultation with the counties and client advocates, may authorize additional scheduling techniques to fulfill the requirement described in paragraph (1). 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 paragraph through all-county letter or similar instructions.

(d) This section shall not limit a county’s ability to require an applicant or recipient to make a personal appearance at a county welfare department office if the applicant or recipient no longer qualifies for an exemption or for other good cause.

SEC. 8.Section 18910 of the Welfare and Institutions Code is amended to read:

18910.

(a)To the extent permitted by federal law, regulations, waivers, and directives, for households receiving CalFresh benefits through CalWORKs linked assistance, the department shall implement the prospective budgeting, semiannual reporting system provided in Sections 11265.1, 11265.2, and 11265.3, and related provisions, regarding CalFresh, in a cost-effective manner that promotes compatibility between the CalWORKs program and CalFresh, and minimizes the potential for payment errors.

(b)The department shall implement a change-reporting structure pursuant to Section 273.12 of Title 7 of the Code of Federal Regulations for non-CalWORKs-linked CalFresh households that are not eligible for a certification period longer than 12 months.

(c)The department shall seek all necessary waivers from the United States Department of Agriculture to implement subdivisions (a) and (b).

(1)Upon implementation as described in subdivision (f), each county shall provide a certificate to the director certifying that change reporting has been implemented in the county.

(2)Upon filing the certificate described in paragraph (1), a county shall comply with the change-reporting provisions of this section.

(d)(1)It is the intent of the Legislature that, due to the establishment of a change-reporting cycle, semiannual reporting no longer be imposed on certain households that were required to complete semiannual reporting. To that end, the department shall work with county human services agencies, client advocates, and the Statewide Automated Welfare System to eliminate semiannual reporting for applicable households no later than ____.

(2)For the purposes of this subdivision, “semiannual reporting” means the reporting requirements imposed on households designated as simplified reporting households pursuant to Section 273.12 (a)(5) of Title 7 of the Code of Federal Regulations.

(e)Counties shall be held harmless by the department from fiscal penalties due to quality control or error rates, or both, pursuant to Section 18905 as a result of implementing this section.

(f)The amendments to this section made by the act adding this subdivision shall become operative, as follows:

(1)On ____.

(2)Notwithstanding paragraph (1), a county shall implement the change reporting requirements no later than ____.

SEC. 10.

 Section 18905 of the Welfare and Institutions Code is amended to read:

18905.

 (a) In the event that the United States Department of Agriculture makes a final determination to reduce federal funding of the federal Supplemental Nutrition Assistance Program, administered in California as CalFresh, due to issuance errors or improper or inadequate county administration of the program, the county or counties responsible for such reduction shall be liable for the amount thereof in accordance with standards adopted by the Director of Social Services.

(b) This section does not apply to issuance errors that occur as a result of implementing the self-attestation requirements imposed by the act that added this subdivision.

SEC. 11.

 Section 18910.2 is added to the Welfare and Institutions Code, to read:

18910.2.

 (a) The department shall convene a workgroup that includes, but is not limited to, the County Welfare Directors Association of California, representatives of county eligibility workers, the Statewide Automated Welfare System, and client advocates to consider changes to semiannual reporting and the prospective budgeting structure, with the goal of reducing the reporting burden on recipients and reducing the workload for county eligibility staff.

(b) The workgroup shall survey reporting structures undertaken in other states, consider recommendations in existing research reports, and receive and consider options put forth by workgroup members.

(c) (1) The consensus recommendations of the workgroup shall be submitted to the Legislature not later than October 1, 2021, and shall include details regarding potential implementation of these recommendations, including identification of those that the state may implement via state legislation or administrative guidance to counties, as well as those requiring changes in federal law or waivers of federal law.

(2) (A) The requirement for submitting a report imposed under paragraph (1) is inoperative on October 1, 2025, pursuant to Section 10231.5 of the Government Code.

(B) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 9.SEC. 12.

 Section 18918.1 is added to the Welfare and Institutions Code, to read:

18918.1.

 (a) In an effort to expand CalFresh program outreach and retention and improve dual enrollment between the CalFresh and Medi-Cal programs, county welfare departments shall, no later than ____, January 1, 2022, do all of the following:

(1) Ensure that Medi-Cal applicants who also may be eligible for CalFresh are screened and given the opportunity to apply at the same time they are applying for Medi-Cal or submitting information for the renewal process.

(2) Ensure the same staff that receive Medi-Cal and CalFresh applications pursuant to subparagraph (1) during the Medi-Cal application, renewal, or application and renewal processes conduct the eligibility determination functions needed to determine eligibility or ineligibility to CalFresh.

(3) Designate one or more county liaisons to establish CalFresh application referral and communication procedures on outreach activities between counties and community-based organizations facilitating Medi-Cal enrollment.

(4) Utilize text messaging as a method of communication as outlined in Section 11023.8 to remind applicants and beneficiaries of upcoming application and recertification interviews and deadlines to submit necessary paperwork or verifications to complete the application or recertification process.

(b) County departments, with the support of the Statewide Automated Welfare System shall, no later than ____, do both of the following:

(1)Provide January 1, 2024, provide prepopulated CalFresh applications to Medi-Cal beneficiaries who are apparently CalFresh eligible and not dually enrolled during the Medi-Cal renewal process.

(2)Utilize text messaging as a method of communication as outlined in Section 11023.8 to remind applicants and beneficiaries of upcoming application and recertification interviews and deadlines to submit necessary paperwork or verifications to complete the application or recertification process.

SEC. 10.SEC. 13.

 Section 18926 of the Welfare and Institutions Code is amended to read:

18926.

 (a) To the extent permitted by federal law, the department shall annually seek a federal waiver of the existing federal Supplemental Nutrition Assistance Program limitation that stipulates that an able-bodied adult without dependents (ABAWD) participant is limited to three months of CalFresh benefits in a three-year period unless that participant has met the work participation requirement or is otherwise exempt.

(b) All eligible counties shall be included in and bound by this waiver.

(c) If To the extent permitted by federal law, if a county is not eligible for a countywide waiver, the department shall apply for the waiver described in subdivision (a) for one or more eligible subareas of the county. county, unless the application would result in a greater number of counties, a greater number of CalFresh recipients, or both, being required to implement the ABAWD requirements, in which case the department may request the waiver upon consultation with the affected counties. The department may seek any necessary information from the county counties to support the waiver request.

SEC. 11.SEC. 14.

 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.