Amended  IN  Assembly  June 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 268


Introduced by Senator Wiener
(Coauthor: Senator Beall)(Coauthors: Assembly Members Berman and Mark Stone)(Principal coauthor: Assembly Member Mark Stone)
(Coauthors: Senators Allen and Beall)

February 12, 2019


An act to amend Section 95504 of the Government Code, and to amend Sections 11151, 11322.5, 11375, 11450, 11450.5, 14140, and 18923 of, and to repeal Sections 11155, 11155.1, 11155.2, 11155.6, 11157.5, 11257, 11257.5, and 11260 of, of the Welfare and Institutions Code, relating to CalWORKs. An act to amend Section 13119 of, and to repeal and add Chapter 5 (commencing with Section 9400) of Division 9 of, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 268, as amended, Wiener. CalWORKs eligibility: asset limits. Ballot measures: local taxes.
Existing law requires that the ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure, including a measure authorizing the issuance of bonds or the incurrence of debt, have printed on them a true and impartial statement describing the purpose of the measure. If the proposed measure imposes a tax or raises the rate of a tax, existing law requires the ballot to include in the statement of the measure the amount of money to be raised annually and the rate and duration of the tax to be levied.
This bill would exempt from this requirement a measure that imposes or increases a tiered tax, authorizes the issuance of bonds, or imposes a tax with a rate structure that cannot be accurately included in the ballot statement. The bill would instead require for these types of measures that the statement of the measure include the words “See voter guide for information.”
Existing law requires local governments, when submitting for voter approval a bond measure that will be secured by an ad valorem tax, to provide the voters with a statement that includes estimates of the tax rates required to fund the measure.
This bill would delete these provisions and instead require for a measure that imposes or increases a tiered tax, authorizes the issuance of bonds, or imposes a tax with a rate structure that cannot be accurately included in the ballot statement, that voters be provided with a statement that includes specified information relating to the tax.
By imposing new duties on local elections officials, the bill would create 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.

Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, with California’s version of this program being known as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria, including limitations on income and assets generally applicable to public assistance programs. Existing law continuously appropriates money from the General Fund to pay for a share of aid grant costs under the CalWORKs program.

This bill would repeal those limitations on assets with regard to eligibility for CalWORKs, thereby eliminating the consideration of an individual’s or family’s assets as a condition of eligibility for CalWORKs. The bill would also make conforming changes. By increasing the duties of counties administering the CalWORKs program, the bill would impose a state-mandated local program. The bill would declare that no appropriation would be made for purposes of the bill pursuant to the provision continuously appropriating funds for the CalWORKs 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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Chapter 5 (commencing with Section 9400) of Division 9 of the Elections Code is repealed.

SEC. 2.

 Chapter 5 (commencing with Section 9400) is added to Division 9 of the Elections Code, to read:
CHAPTER  5. Local Tax Measures

9400.
 (a) For each tax measure specified in paragraph (2) of subdivision (b) of Section 13119, a statement shall be mailed to the voters with the sample ballot for the election to authorize the tax. The statement required by this section shall be filed with the elections official conducting the election not later than the 88th day before the election, and shall include all of the following:
(1) If the measure is a special tax, a concise description of the purpose of the tax proposed, including how the tax revenue will be spent to benefit the community.
(2) If the measure imposes or increases a tiered tax, as defined by paragraph (3) of subdivision (e) of Section 13119, a list of all the tax rates that would apply under the proposed tax.
(3) A plain language description of any mechanism that would cause the tax rate or rates to vary over time, including changes in assessed value, the cost of indebtedness, usage of a service, inflation, gross receipts, income, or other factors changing the amount of tax to be paid.
(4) An explanation of the duration of the tax stating whether the tax expires on a specific date, expires upon final payment of indebtedness, or does not expire until further action by the voters.
(5) The best estimate from official sources of the total dollar amount of annual tax revenue that would be generated by the proposed tax.
(6) For a measure authorizing the issuance of bonds or a tax rate structured to vary over time, the best estimates from official sources of all of the following:
(A) The average annual tax rate or rates that would be levied over the entire duration of the tax or the bond debt service, as applicable, or in the case of a tax that does not expire, over the first 10 years of the tax.
(B) The highest tax rate or rates that would be levied, and an estimate of the year in which that rate will apply, or in the case of a tax that does not expire, highest tax rate that would be levied over the first 10 years of the tax.
(C) The total debt service for a bond issue, as applicable, including the principal and interest, that would be required to be repaid if all the bonds are issued and sold.
(b) For a bond issue, the statement described in subdivision (a) may contain a declaration of policy of the legislative or governing body of the applicable jurisdiction proposing to use revenues other than the tax proposed to fund the bond issue, and the best estimate from official sources of these revenues and the reduction in the tax rate levied to fund the bond issue resulting from the substitution of revenue.
(c) A best estimate from official sources required pursuant to this section shall be based on assessed valuations available at the time of the election or a projection based on experience within the same jurisdiction or other demonstrable factors. The estimate may include information about the assumptions used to determine the estimate.
(d) Any estimate made pursuant to this section shall not be construed to be a cap on the amount or value estimated.
(e) “Tax rate” as used in this section means for property taxes the tax rate per one hundred dollars ($100) of assessed valuation on all property to be taxed.

9401.
 Failure to comply with this chapter shall not affect the validity of any bond issue following the sale and delivery of the bonds.

9402.
 The Legislature declares that the essence of compliance with this chapter is good faith in presenting to voters the most accurate available information for their use in effecting comparisons and exercising judgment in casting their ballots.

9403.
 (a) Whenever the elections official mails a statement, as described in Section 9400, only one copy of the statement shall be mailed to a postal address where two or more registered voters have the same surname and the same postal address.
(b) This section applies only if the legislative body adopts this section and the election official conducting the election approves of the procedure.

SEC. 3.

 Section 13119 of the Elections Code is amended to read:

13119.
 (a) The ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure pursuant to Division 9 (commencing with Section 9000), including a measure authorizing the issuance of bonds or the incurrence of debt, 9000) shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” To the right or below the statement of the measure to be voted on, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter stamps a cross (+) in the voting target after the printed word “Yes,” his or her the vote shall be counted in favor of the adoption of the measure. If he or she a voter stamps a cross (+) in the voting target after the printed word “No,” his or her the vote shall be counted against its adoption.
(b) If
(1) Except for a measure described in paragraph (2), if the proposed measure imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the measure to be voted on an estimate of the amount of money to be raised annually and the rate and duration of the tax to be levied.
(2) If the proposed measure imposes or increases a tiered tax, authorizes the issuance of bonds, or imposes a tax with a rate structure that cannot be accurately included in the ballot statement pursuant to paragraph (1), the ballot shall include in the statement of the measure to be voted on the words “See voter guide for information” and the measure shall comply with the enhanced transparency requirements of Section 9400.
(c) The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.
(d) Any estimate included in the statement of the measure pursuant to this section shall not be construed to be a cap on the amount or value estimated.

(d)

(e) For purposes of this section, the following terms have the following meanings: definitions apply:
(1) “Local governing body” means the governing body of a city, county, city and county, including a charter city or charter county, or district, including a school district.
(2) “Target” means an object designated as the aim for a voter to make a vote selection.
(3) “Tiered tax” means a tax levied at two or more different rates allowable by law, including, but not limited to, taxes based on the level of usage of a service, the value of a transaction, or an attribute of property, such as a type of land use or other factor.

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.
SECTION 1.Section 95504 of the Government Code is amended to read:
95504.

(a)The nonprofit facilitator shall subcontract with service providers to implement the project around the state. The nonprofit facilitator shall make an attempt to select service providers for programs of different size, geographical distribution, and target population to be served. Additionally, the nonprofit facilitator may consider giving special consideration to service providers that demonstrate partnerships with local public agencies.

(b)The service providers shall perform all of the following duties in implementing the project:

(1)Recruit and select participants who meet the following criteria:

(A)The individual is at least 18 years of age.

(B)The individual is a member of a household with an income of not more than 80 percent of the area median income based on United States Department of Housing and Urban Development guidelines at the time of program enrollment.

(C)The individual is not a dependent of another person for federal income tax purposes.

(D)The individual is not a debtor for a judgment resulting from nonpayment of a court-ordered child support obligation.

(E)The individual meets eligibility criteria as defined by the funding source for the program created under this title.

(2)Develop and sign contracts with each participant, to include all program requirements and policies governing the participant’s account.

(3)Assist participants in opening individual development accounts. The accounts shall be established using an account structure parallel to a restricted account as described in former Section 11155.2 of the Welfare and Institutions Code that meets both of the following requirements:

(A)One separate account shall be established for each participant in a federally or state insured financial institution, community development financial institution, any financial institution eligible to hold an individual retirement account, or community development credit union, in which each participant’s savings are deposited and maintained. The program participant may withdraw the participant’s own savings at any time.

(B)Another separate, parallel account shall be established and maintained by service providers in which the matching funds from state, federal, and private donations are kept. The parallel account may contain all matching funds for a pool of any service provider’s participants.

(4)Help individuals receive their matching funds at the conclusion of the program.

(5)Provide participants with a minimum of 12 hours of financial education and training. The education and training shall include, but need not be limited to, all of the following:

(A)Household and personal budget management.

(B)Economic literacy.

(C)Credit repair.

(6)Develop a program dismissal process for participants who do not fulfill program participation requirements, and seek to ensure that matching funds are used for their intended purposes.

(7)Collect and maintain information about their programs, in a manner that provides the capacity to report semiannually all of the following information to the department:

(A)The number and demographic characteristics of participants enrolled in the program.

(B)The number of accounts established.

(C)The individual and aggregate savings level of participants.

(D)The number of participants who closed accounts and the amount of associated savings.

(E)The actual and proposed program budget.

(F)The size and origin of matching pool funds received, obligated, and paid to participants.

(G)The program achievements and obstacles.

(H)Twelve-month program and financial projections.

(I)At least one participant profile.

SEC. 2.Section 11151 of the Welfare and Institutions Code is amended to read:
11151.

An applicant or recipient shall be ineligible to receive public assistance unless the property the applicant or recipient owns is held for the following purposes:

(a)The property is used to provide the applicant or recipient with a home and conforms to the provisions of Section 11152.

(b)The property is producing income for the support of the applicant or recipient and conforms to the provisions of Section 11153.7.

(c)The property is held as a reserve to meet a contingent need, not included within the standard of assistance for which an aid payment is made, and conforms to the provisions of Section 11154.

(d)The property is personal in nature, or meets a special need of the applicant or recipient, or is part of a self-care or rehabilitation plan, or is not available for expenditure or disposition by the applicant or recipient.

SEC. 3.Section 11155 of the Welfare and Institutions Code is repealed.
SEC. 4.Section 11155.1 of the Welfare and Institutions Code is repealed.
SEC. 5.Section 11155.2 of the Welfare and Institutions Code is repealed.
SEC. 6.Section 11155.6 of the Welfare and Institutions Code is repealed.
SEC. 7.Section 11157.5 of the Welfare and Institutions Code is repealed.
SEC. 8.Section 11257 of the Welfare and Institutions Code is repealed.
SEC. 9.Section 11257.5 of the Welfare and Institutions Code is repealed.
SEC. 10.Section 11260 of the Welfare and Institutions Code is repealed.
SEC. 11.Section 11322.5 of the Welfare and Institutions Code is amended to read:
11322.5.

(a)It is the intent of the Legislature to do each of the following:

(1)Maximize the ability of CalWORKs recipients to benefit from the federal or California Earned Income Tax Credit (EITC), including retroactive EITC credits and the Advance EITC, take advantage of the earned-income disregard to increase their CalFresh benefits, and accumulate credit toward future social security income.

(2)Educate and empower all CalWORKs participants who receive the federal or California EITC to save or invest part or all of their credits in instruments such as individual development accounts, 401(k) plans, 403(b) plans, IRAs, 457 plans, Coverdell education savings account (ESA) plans, an account established pursuant to the CalSavers Retirement Savings Program (Title 21 (commencing with Section 100000), of the Government Code), or 529 plans, and to take advantage of the federal Assets for Independence program and other matching funds, tools, and training available from public or private sources, in order to build their assets.

(b)It is the intent of the Legislature that counties encourage CalWORKs recipients to participate in activities that will maximize their receipt of the EITC. To this end, counties may do all of the following:

(1)Structure welfare-to-work activities pursuant to subdivisions (a) to (j), inclusive, of Section 11322.6 to give recipients the option of maximizing the portion of their CalWORKs benefits that meets the definition of “earned income” in Section 32(c)(2) of the Internal Revenue Code.

(2)Inform CalWORKs recipients of each of the following:

(A)That earned income, either previous or future, may make them eligible for the federal or California EITC, including retroactive EITC credits and the Advance EITC, increase their CalFresh benefits, and accumulate credit toward future social security income.

(B)That recipients, as part of their welfare-to-work plans, have the option of engaging in subsidized employment and grant-based on-the-job training, as specified in Section 11322.6, and that participating in these activities will increase their earned income to the extent that they meet the requirements of federal law.

(C)That receipt of the federal or California EITC does not affect their CalWORKs grant and is additional tax-free income for them.

(D)That a CalWORKs recipient who receives the federal or California EITC may invest these funds in an individual development account, 401(k) plan, 403(b) plan, IRA, 457 plan, 529 college savings plan, Coverdell education savings account (ESA), or an account established pursuant to the CalSavers Retirement Savings Program, and that investments in these accounts will not make the recipient ineligible for CalWORKs benefits or reduce the recipient’s CalWORKs benefits.

(3)At each regular eligibility redetermination, the county shall ask a recipient whether the recipient is eligible for and takes advantage of the EITC. If the recipient may be eligible and does not participate, the county shall give the recipient the federal or the California EITC form and encourage and assist the recipient to take advantage of it.

SEC. 12.Section 11375 of the Welfare and Institutions Code is amended to read:
11375.

The following shall apply to any child or nonminor in receipt of state-funded Kin-GAP benefits:

(a)The person is eligible to request and receive independent living services pursuant to Section 10609.3.

(b)The person may retain cash savings, not to exceed ten thousand dollars ($10,000), including interest, in addition to any other property accumulated pursuant to former Section 11257 or former Section 11257.5.

(c)The person shall have earned income disregarded pursuant to Section 11008.15.

SEC. 13.Section 11450 of the Welfare and Institutions Code is amended to read:
11450.

(a)(1)(A)Aid shall be paid for each needy family, which shall include all eligible brothers and sisters of each eligible applicant or recipient child and the parents of the children, but shall not include unborn children, or recipients of aid under Chapter 3 (commencing with Section 12000), qualified for aid under this chapter. In determining the amount of aid paid, and notwithstanding the minimum basic standards of adequate care specified in Section 11452, the family’s income, exclusive of any amounts considered exempt as income or paid pursuant to subdivision (e) or Section 11453.1, determined for the prospective semiannual period pursuant to Sections 11265.1, 11265.2, and 11265.3, and then calculated pursuant to Section 11451.5, shall be deducted from the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2). The amount of aid paid for each month shall not exceed the sum specified in the following table, as adjusted for cost-of-living increases pursuant to Section 11453 and paragraph (2), plus any special needs, as specified in subdivisions (c), (e), and (f):

Number of
 eligible needy
persons in
the same home

Maximum
aid

1

$ 326

2

 535

3

 663

4

 788

5

 899

6

1,010

7

1,109

8

1,209

9

1,306

10 or more

1,403

(B)If, when, and during those times that the United States government increases or decreases its contributions in assistance of needy children in this state above or below the amount paid on July 1, 1972, the amounts specified in the above table shall be increased or decreased by an amount equal to that increase or decrease by the United States government, provided that no increase or decrease shall be subject to subsequent adjustment pursuant to Section 11453.

(2)The sums specified in paragraph (1) shall not be adjusted for cost of living for the 1990–91, 1991–92, 1992–93, 1993–94, 1994–95, 1995–96, 1996–97, and 1997–98 fiscal years, and through October 31, 1998, nor shall that amount be included in the base for calculating any cost-of-living increases for any fiscal year thereafter. Elimination of the cost-of-living adjustment pursuant to this paragraph shall satisfy the requirements of former Section 11453.05, and no further reduction shall be made pursuant to that section.

(b)(1)When the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant child who is 18 years of age or younger at any time after verification of pregnancy, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the child and that person’s child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.

(2)Notwithstanding paragraph (1), when the family does not include a needy child qualified for aid under this chapter, aid shall be paid to a pregnant woman for the month in which the birth is anticipated and for the six-month period immediately prior to the month in which the birth is anticipated, in the amount that would otherwise be paid to one person, as specified in subdivision (a), if the woman and child, if born, would have qualified for aid under this chapter. Verification of pregnancy shall be required as a condition of eligibility for aid under this subdivision.

(3)Paragraph (1) shall apply only when the Cal-Learn Program is operative.

(c)The amount of forty-seven dollars ($47) per month shall be paid to pregnant women qualified for aid under subdivision (a) or (b) to meet special needs resulting from pregnancy if the woman and child, if born, would have qualified for aid under this chapter. County welfare departments shall refer all recipients of aid under this subdivision to a local provider of the California Special Supplemental Nutrition Program for Women, Infants, and Children. If that payment to pregnant women qualified for aid under subdivision (a) is considered income under federal law in the first five months of pregnancy, payments under this subdivision shall not apply to persons eligible under subdivision (a), except for the month in which birth is anticipated and for the three-month period immediately prior to the month in which delivery is anticipated, if the woman and child, if born, would have qualified for aid under this chapter.

(d)For children receiving AFDC-FC under this chapter, there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month that, when added to the child’s income, is equal to the rate specified in Section 11460, 11461, 11462, or 11463. In addition, the child shall be eligible for special needs, as specified in departmental regulations.

(e)In addition to the amounts payable under subdivision (a) and Section 11453.1, a family shall be entitled to receive an allowance for recurring special needs not common to a majority of recipients. These recurring special needs shall include, but not be limited to, special diets upon the recommendation of a physician for circumstances other than pregnancy, and unusual costs of transportation, laundry, housekeeping services, telephone, and utilities. The recurring special needs allowance for each family per month shall not exceed that amount resulting from multiplying the sum of ten dollars ($10) by the number of recipients in the family who are eligible for assistance.

(f)After a family has used all available liquid resources, both exempt and nonexempt, in excess of one hundred dollars ($100), the family shall also be entitled to receive an allowance for nonrecurring special needs.

(1)An allowance for nonrecurring special needs shall be granted for replacement of clothing and household equipment and for emergency housing needs other than those needs addressed by paragraph (2). These needs shall be caused by sudden and unusual circumstances beyond the control of the needy family. The department shall establish the allowance for each of the nonrecurring special needs items. The sum of all nonrecurring special needs provided by this subdivision shall not exceed six hundred dollars ($600) per event.

(2)(A)(i)Homeless assistance is available to a homeless family seeking shelter when the family is eligible for aid under this chapter.

(ii)Homeless assistance for temporary shelter is also available to homeless families that are apparently eligible for aid under this chapter. Apparent eligibility exists when evidence presented by the applicant, or that is otherwise available to the county welfare department, and the information provided on the application documents indicate that there would be eligibility for aid under this chapter if the evidence and information were verified. However, an alien applicant who does not provide verification of the applicant’s eligible alien status, or a person who does not have eligible children and who does not provide medical verification of pregnancy, is not apparently eligible for purposes of this section.

(iii)Homeless assistance for temporary shelter is also available to homeless families that would be eligible for aid under this chapter but for the fact that the only child or children in the family are in out-of-home placement pursuant to an order of the dependency court, if the family is receiving reunification services and the county determines that homeless assistance is necessary for reunification to occur.

(B)A family is considered homeless, for the purpose of this section, when the family lacks a fixed and regular nighttime residence; or the family has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations; or the family is residing in a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. A family is also considered homeless for the purpose of this section if the family has received a notice to pay rent or quit. The family shall demonstrate that the eviction is the result of a verified financial hardship as a result of extraordinary circumstances beyond their control, and not other lease or rental violations, and that the family is experiencing a financial crisis that could result in homelessness if preventative assistance is not provided.

(C)(i)A nonrecurring special needs benefit of eighty-five dollars ($85) a day shall be available to families of up to four members for the costs of temporary shelter, subject to the requirements of this paragraph. The fifth and additional members of the family shall each receive fifteen dollars ($15) per day, up to a daily maximum of one hundred forty-five dollars ($145). County welfare departments may increase the daily amount available for temporary shelter as necessary to secure the additional bedspace needed by the family.

(ii)This special needs benefit shall be granted or denied immediately upon the family’s application for homeless assistance, and benefits shall be available for up to three working days. The county welfare department shall verify the family’s homelessness within the first three working days and if the family meets the criteria of questionable homelessness established by the department, the county welfare department shall refer the family to its early fraud prevention and detection unit, if the county has such a unit, for assistance in the verification of homelessness within this period.

(iii)After homelessness has been verified, the three-day limit shall be extended for a period of time that, when added to the initial benefits provided, does not exceed a total of 16 calendar days. This extension of benefits shall be done in increments of one week and shall be based upon searching for permanent housing, which shall be documented on a housing search form, good cause, or other circumstances defined by the department. Documentation of a housing search shall be required for the initial extension of benefits beyond the three-day limit and on a weekly basis thereafter as long as the family is receiving temporary shelter benefits. Good cause shall include, but is not limited to, situations in which the county welfare department has determined that the family, to the extent it is capable, has made a good faith but unsuccessful effort to secure permanent housing while receiving temporary shelter benefits or that the family is homeless as a direct and primary result of a state or federally declared natural disaster.

(iv)Notwithstanding clauses (ii) and (iii), the county may waive the three-day limit and may provide benefits in increments of more than one week for a family that becomes homeless as a direct and primary result of a state or federally declared natural disaster.

(D)(i)A nonrecurring special needs benefit for permanent housing assistance is available to pay for last month’s rent and security deposits when these payments are reasonable conditions of securing a residence, or to pay for up to two months of rent arrearages, when these payments are a reasonable condition of preventing eviction.

(ii)The last month’s rent or monthly arrearage portion of the payment (I) shall not exceed 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size and (II) shall only be made to families that have found permanent housing costing no more than 80 percent of the family’s total monthly household income without the value of CalFresh benefits or special needs benefit for a family of that size.

(iii)However, if the county welfare department determines that a family intends to reside with individuals who will be sharing housing costs, the county welfare department shall, in appropriate circumstances, set aside the condition specified in subclause (II) of clause (ii).

(E)The nonrecurring special needs benefit for permanent housing assistance is also available to cover the standard costs of deposits for utilities that are necessary for the health and safety of the family.

(F)A payment for or denial of permanent housing assistance shall be issued no later than one working day from the time that a family presents evidence of the availability of permanent housing. If an applicant family provides evidence of the availability of permanent housing before the county welfare department has established eligibility for aid under this chapter, the county welfare department shall complete the eligibility determination so that the payment for, or denial of, permanent housing assistance is issued within one working day from the submission of evidence of the availability of permanent housing, unless the family has failed to provide all of the verification necessary to establish eligibility for aid under this chapter.

(G)(i)Except as provided in clauses (ii) and (iii), eligibility for the temporary shelter assistance and the permanent housing assistance pursuant to this paragraph shall be limited to one period of up to 16 consecutive calendar days of temporary assistance and one payment of permanent assistance every 12 months. A person who applies for homeless assistance benefits shall be informed that the temporary shelter benefit of up to 16 consecutive days is available only once every 12 months, with certain exceptions, and that a break in the consecutive use of the benefit constitutes exhaustion of the temporary benefit for that 12-month period.

(ii)(I)A family that becomes homeless as a direct and primary result of a state or federally declared natural disaster shall be eligible for temporary and permanent homeless assistance.

(II)In the event of a state or federally declared disaster in a county, the county human services agency shall coordinate with public and private disaster response organizations and agencies to identify and inform recipients of their eligibility for temporary and permanent homeless housing assistance available pursuant to subclause (I).

(iii)A family shall be eligible for temporary and permanent homeless assistance when homelessness is a direct result of domestic violence by a spouse, partner, or roommate; physical or mental illness that is medically verified that shall not include a diagnosis of alcoholism, drug addiction, or psychological stress; or the uninhabitability of the former residence caused by sudden and unusual circumstances beyond the control of the family including natural catastrophe, fire, or condemnation. These circumstances shall be verified by a third-party governmental or private health and human services agency, except that domestic violence may also be verified by a sworn statement by the victim, as provided under Section 11495.25. Homeless assistance payments based on these specific circumstances may not be received more often than once in any 12-month period. In addition, if the domestic violence is verified by a sworn statement by the victim, the homeless assistance payments shall be limited to two periods of not more than 16 consecutive calendar days of temporary assistance and two payments of permanent assistance. A county may require that a recipient of homeless assistance benefits who qualifies under this paragraph for a second time in a 24-month period participate in a homelessness avoidance case plan as a condition of eligibility for homeless assistance benefits. The county welfare department shall immediately inform recipients who verify domestic violence by a sworn statement of the availability of domestic violence counseling and services, and refer those recipients to services upon request.

(iv)If a county requires a recipient who verifies domestic violence by a sworn statement to participate in a homelessness avoidance case plan pursuant to clause (iii), the plan shall include the provision of domestic violence services, if appropriate.

(v)If a recipient seeking homeless assistance based on domestic violence pursuant to clause (iii) has previously received homeless avoidance services based on domestic violence, the county shall review whether services were offered to the recipient and consider what additional services would assist the recipient in leaving the domestic violence situation.

(vi)The county welfare department shall report necessary data to the department through a statewide homeless assistance payment indicator system, as requested by the department, regarding all recipients of aid under this paragraph.

(H)The county welfare departments, and all other entities participating in the costs of the CalWORKs program, have the right in their share to any refunds resulting from payment of the permanent housing. However, if an emergency requires the family to move within the 12-month period specified in subparagraph (G), the family shall be allowed to use any refunds received from its deposits to meet the costs of moving to another residence.

(I)Payments to providers for temporary shelter and permanent housing and utilities shall be made on behalf of families requesting these payments.

(J)The daily amount for the temporary shelter special needs benefit for homeless assistance may be increased if authorized by the current year’s Budget Act by specifying a different daily allowance and appropriating the funds therefor.

(K)Payment shall not be made pursuant to this paragraph unless the provider of housing is a commercial establishment, shelter, or person in the business of renting properties who has a history of renting properties.

(L)(i)A CalWORKs applicant who provides a sworn statement of past or present domestic abuse and who is fleeing the applicant’s abuser shall be deemed to be homeless and shall be eligible for temporary homeless assistance under clause (i) of subparagraph (A) and under subparagraph (G), notwithstanding any income and assets attributable to the alleged abuser.

(ii)The homeless assistance payments issued under this subparagraph shall be granted immediately after the family’s application, and benefits shall be available in increments of 16 days of temporary shelter assistance pursuant to clause (i) of subparagraph (A). The homeless assistance payments shall be limited to two consecutive periods of not more than 16 consecutive calendar days each of temporary assistance within a lifetime. The homeless assistance payments issued under this subparagraph shall be in addition to other payments for which the CalWORKS applicant, if the applicant becomes a CalWORKS recipient, may later qualify under this subdivision.

(iii)For purposes of this subparagraph, the housing search documentation described in clause (iii) of subparagraph (A) shall be required only upon issuance of an immediate need payment pursuant to Section 11266 or the issuance of benefits for the month of application.

(g)The department shall establish rules and regulations ensuring the uniform statewide application of this section.

(h)The department shall notify all applicants and recipients of aid through the standardized application form that these benefits are available and shall provide an opportunity for recipients to apply for the funds quickly and efficiently.

(i)The department shall work with county human services agencies, the County Welfare Directors Association, and advocates of CalWORKs recipients to gather information regarding the actual costs of a nightly shelter and best practices for transitioning families from a temporary shelter to a permanent shelter, and to provide that information to the Legislature, to be annually submitted in accordance with Section 9795 of the Government Code.

(j)(1)Except for the purposes of Section 15200, the amounts payable to recipients pursuant to Section 11453.1 are not part of the payment schedule set forth in subdivision (a).

(2)The amounts payable to recipients pursuant to Section 11453.1 are not income to recipients of aid under this section.

(k)For children receiving Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) there shall be paid, exclusive of any amount considered exempt as income, an amount of aid each month, which, when added to the child’s income, is equal to the rate specified in Sections 11364 and 11387.

(l)(1)A county shall implement the semiannual reporting requirements in accordance with Chapter 501 of the Statutes of 2011.

(2)Upon completion of the 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. 14.Section 11450.5 of the Welfare and Institutions Code is amended to read:
11450.5.

For purposes of computing and paying aid grants under this chapter, the director shall adopt regulations establishing a budgeting system consistent with Sections 11265.1, 11265.2, and 11265.3. This section, Section 11004 or 11450, or any other provision of this code, does not prohibit the establishment of, or otherwise restrict the operation of, any budgeting system adopted by the director.

SEC. 15.Section 14140 of the Welfare and Institutions Code is amended to read:
14140.

The following definitions shall apply to the provisions of this article:

(a)“Net worth” means:

(1)Personal property, which consists of cash, savings accounts, securities, and similar items; notes, mortgages, and deeds of trust; the cash surrender value of life insurance on the life of the applicant or beneficiary, on the life of the spouse, or any member of the family, except as provided in Section 11158; motor vehicles, except one that meets the transportation needs of the person or family; and any other property or equity other than real estate.

(2)Real property, including any interest in land of more than nominal interest that does not constitute the home of the applicant for aid under this chapter. The home of the applicant shall be exempt from consideration as net worth under this section to the extent of ten thousand dollars ($10,000) in assessed valuation, as assessed by the county assessor.

(3)“Income” that consists of the sum of adjusted gross income as used for purposes of the Federal Income Tax Law.

(b)“Family unit” means:

(1)In the case of a patient who is not married or in a registered domestic partnership and is under 21 years of age living with their parent or parents, the patient and their parents.

(2)In the case of a patient who is married or in a registered domestic partnership and is under 21 years of age, the patient and their spouse or domestic partner.

(3)In the case of a patient over 21 years of age, the patient, and if married or in a registered domestic partnership, the patient’s spouse or domestic partner.

SEC. 16.Section 18923 of the Welfare and Institutions Code is amended to read:
18923.

(a)The State Department of Social Services shall submit a request to the United States Department of Agriculture for a waiver to permit a CalFresh household to retain funds in the restricted savings account as specified in subdivision (a) of former Section 11155.2 and as accumulated while participating in the Aid to Families with Dependent Children program. The participation requirements for this specific savings account as specified in subdivision (a) of former Section 11155.2 shall apply to CalFresh. Penalties for nonqualifying withdrawal of these funds shall result in a calculation of a period of ineligibility for all persons in the CalFresh household, to be determined by dividing the balance in the account immediately prior to the withdrawal by the CalFresh allotment to which the household is entitled. The resulting whole number shall be the number of months of ineligibility. The period of ineligibility may be reduced when the divisor, which is the CalFresh allotment, increases as a result of a cost-of-living adjustment.

(b)The director may waive, with federal approval, the enforcement of specific federal Supplemental Nutrition Assistance Program requirements, regulations, and standards necessary to implement this provision.

SEC. 17.

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

SEC. 18.

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.