Bill Text: CA SB306 | 2015-2016 | Regular Session | Amended
Bill Title: CalFresh: eligibility: work requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB306 Detail]
Download: California-2015-SB306-Amended.html
BILL NUMBER: SB 306 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2015
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Hertzberg
FEBRUARY 23, 2015
An act to amend Sections 11320.3, 11454.5,
18900, 18926, and 18926.5 of the Welfare and Institutions Code,
relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
SB 306, as amended, Hertzberg. CalFresh: eligibility: work
requirements.
(1) 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 block grant program,
state, and county funds. Under existing law, with certain
exceptions, every individual, as a condition of eligibility for aid
under the CalWORKs program, is required to participate in
welfare-to-work activities. Existing law also
provides that a parent or caretaker relative shall not be
eligible for CalWORKs aid when he or she has received aid for a
cumulative total of 48 months. Existing law further provides that any
month in which specified conditions exist shall not be counted
toward that 48-month time limit.
This bill would excuse all CalWORKs recipients from
welfare-to-work participation during any month for which the National
Bureau of Economic Research has declared the United States to be in
an economic recession or economic depression. The bill would also
prohibit any month for which the National Bureau of
Economic Research has made that declaration
declared the United States to be in an economic recession or economic
depression from being counted toward that 48-month time limit.
(2) Existing federal law provides for the federal Supplemental
Nutrition Assistance Program, known in California as CalFresh, under
which counties distribute food assistance benefits to eligible
individuals. Existing law authorizes counties to participate in the
CalFresh Employment and Training program (CalFresh E&T), established
by federal law, and requires participating counties to screen
CalFresh work registrants to determine whether they will participate
in, or be deferred from, the CalFresh E&T program.
Existing federal law limits an able-bodied adult without
dependents (ABAWD) participant to 3 months of CalFresh benefits in a
3-year period unless that participant has met specified work
participation requirements. Existing law directs the State Department
of Social Services to annually seek a federal waiver of this
limitation, and provides that an eligible county is included in this
waiver unless the county declines to participate in the waiver
request. Existing law authorizes the department to implement this
provision by all-county letters or similar instructions.
This bill would require all counties to participate in the
CalFresh E&T program, and would direct each county to provide a
placement in the program for every ABAWD that requests one. The bill
would provide that federal funds for serving all at-risk ABAWDs
through a CalFresh E&T program be used to support the cost to the
county of providing these services using a formula established by the
department in consultation with the county and the Food and
Nutrition Service of the United States Department of Agriculture. By
requiring counties to provide these employment and training services,
the bill would impose a state-mandated local program.
The
This bill would require all eligible counties and subcounty areas
to be included in the federal waiver of the ABAWD time limitation.
The bill would require a county, if the county is not eligible for
the waiver, to submit a CalFresh E&T plan for state and federal
approval that meets specified standards and ensures a placement for
all ABAWD's required to work and unable to secure employment. The
bill would require that federal funds received to serve, through a
CalFresh E&T program, ABAWDs who are subject to the time limitation
be used to support the cost to the counties of providing these
services using a formula established by the department in
consultation with county human services agencies and the Food and
Nutrition Service of the United States Department of Agriculture. The
bill would also require those counties, if they send a notice of
action to an applicant or participant subject to the ABAWD time
limit, to include specified information to help the person, to the
maximum extent permitted by federal law, to seek and receive
assistance in securing employment or an exemption. By imposing these
requirements on counties, this bill would impose a state-mandated
local program.
The bill would also require the department to issue annual
guidance to these counties regarding federal exemptions and waivers,
and would authorize the department to implement the provisions of the
bill by all-county letters or similar instructions and require the
department to thereafter adopt regulations to implement its
provisions by January 1, 2018.
(3) Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would instead provide that the continuous appropriation
would not be made for purposes of implementing the bill.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11320.3 of the Welfare and
Institutions Code is amended to read:
11320.3. (a) (1) Except as provided in subdivisions (b) and (c),
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) during the time that article is operative, in
lieu of the welfare-to-work requirements, and subdivision (c) shall
not apply to that individual.
(b) A recipient of aid under this chapter shall not be required to
participate in welfare-to-work activities during any month for which
the National Bureau of Economic Research has declared the United
States to be in an economic recession or economic depression.
(c) 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, or a person described
in subdivision (d) who loses this exemption, shall not requalify for
the exemption by attending school as a required activity under this
article.
(C) Notwithstanding subparagraph (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
also not be required to participate for so long as the condition
continues to exist.
(D) For purposes of subparagraph (C), a person shall be deemed to
be planning to enroll in a postsecondary education, vocational, or
technical school training program if he or she, or his or her parent,
acting on his or her behalf, submits a written statement expressing
his or her intent to enroll in such 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) 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.
(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 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
12 months after the birth or adoption of the child. An individual may
be exempt only once under this clause.
(ii) An individual who 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.
(iii) In making the determination to extend the period of
exception under clause (i) or (ii), the following may be considered:
(I) The availability of child care.
(II) Local labor market conditions.
(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 parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age.
(8) A woman who is pregnant and for whom it has been medically
verified that the pregnancy impairs her ability to be regularly
employed or participate in welfare-to-work activities or the county
has determined that, at that time, participation will not readily
lead to employment or that a training activity is not appropriate. If
a pregnant woman is unable to secure this 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 pregnancy, she shall be exempt from
participation.
(d) Any 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 his or her status has not changed in a way that
would require participation.
(e) (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
(c), 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.
(f) Notwithstanding paragraph (1) of subdivision (e), the county
may determine that participation in education activities for the
purpose of earning a high school diploma or equivalent is
inappropriate for an 18- or 19-year-old custodial parent 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.
(g) 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 welfare department 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 welfare department 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 his or her family.
(3) Licensed or license-exempt child care 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 child care have broken down or have been
interrupted, or child care 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 child
care 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 child care shall
meet either licensing requirements or the requirements of Section
11324. This good cause criterion shall include the unavailability of
suitable special needs child care for children with identified
special needs, including, but not limited to, disabilities or chronic
illnesses.
(h) (1) Paragraph (7) of subdivision (c) shall be implemented
notwithstanding Sections 11322.4, 11322.7, 11325.6, and 11327, and
shall become inoperative on January 1, 2013.
(2) The State Department of Social Services, in consultation with
the County Welfare Directors Association of California, and
advocates, shall develop a process to assist clients with
reengagement in welfare-to-work activities, pursuant to subdivision
(i). Reengagement activities may include notifying clients of the
expiration of exemptions, reassessments, and identifying necessary
supportive services.
(i) (1) A recipient who was not required to participate in
welfare-to-work activities on December 31, 2012, because, in
accordance with paragraph (7) of subdivision (c), he or she is a
parent or other relative who has primary responsibility for
personally providing care to one child who is from 12 to 23 months of
age, inclusive, or two or more children who are under six years of
age shall not be required to participate until the county welfare
department reengages the recipient in welfare-to-work activities.
(2) For purposes of this subdivision, reengagement in
welfare-to-work activities shall include the development of a
welfare-to-work plan in accordance with Section 11325.21 and the
provision of necessary supportive services pursuant to Section
11323.2.
(3) County welfare departments shall reengage all recipients
described in paragraph (1) by January 1, 2015, unless the recipient
is otherwise eligible for an exemption under subdivision (c).
(4) A recipient reengaged in accordance with this subdivision who
has received assistance under this chapter, or from any state
pursuant to the Temporary Assistance for Needy Families program (Part
A (commencing with Section 401) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 601 et seq.)), may continue in a
welfare-to-work plan that meets the requirements of Section 11322.6
for a cumulative period of 24 months commencing the first day of the
first month after he or she is reengaged, unless or until he or she
exceeds the 48-month time limitation described in Section 11454.
(5) All months of assistance described in paragraph (4) prior to
the reengagement of the recipient shall not be applied to the
24-month limitation described in paragraph (1) of subdivision (a) of
Section 11322.85.
SEC. 2. SECTION 1. 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, on or after January 1,
2012, 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 he or she
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 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 was exempt from participation under paragraph
(7) of subdivision (b) of Section 11320.3 and has not been reengaged
in accordance with subdivision (h) of Section 11320.3.
(7) The recipient is exempt from participating in welfare-to-work
activities because he or she 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 National Bureau of Economic Research has declared the
United States to be in an economic recession or economic depression.
(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.
(c) This section shall become operative on January 1, 2013.
SEC. 3. SEC. 2. Section 18900 of the
Welfare and Institutions Code is amended to read:
18900. Finding that hunger, undernutrition, and malnutrition are
present and continuing problems faced by low-income California
households, and further finding that the federal Supplemental
Nutrition Assistance Program (Chapter 51 (commencing with Section
2011), Title 7, United States Code) offers significant health-vital
benefits, the purpose of this chapter is to establish a statewide
program to enable recipients of aid under Part 3 (commencing with
Section 11000) or Part 5 (commencing with Section 17000) of this
division and other low-income households to receive benefits under
the federal Supplemental Nutrition Assistance Program. It is the
intent of the Legislature that the CalFresh program be administered
in a way that maximizes eligibility and participation in the program,
to the extent permitted by federal law.
SEC. 4. SEC. 3. Section 18926 of the
Welfare and Institutions Code is amended to read:
18926. (a) Consistent with Section 18900, the department shall
maximize participation in the CalFresh program to the extent
permitted by federal law. To accomplish this intent, the department
shall annually seek for all qualifying areas of the state a federal
waiver, to the extent permitted by federal law, 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.
(b) All eligible counties and subcounty areas shall be included in
and bound by the waiver.
(c) If a county is not eligible for the waiver described in this
section, all of the following shall occur:
(1) The department shall issue annual guidance to the county
regarding the maximization of all federal exemptions and waivers to
the three-month time limit applied to ABAWDs, including the
exemptions described in Section 273.24(g) of Title 7 of the Code of
Federal Regulations.
(2) The county shall submit a CalFresh Employment and Training
program plan for state and federal approval, that meets the standards
established in Section 18926.5 and ensures a placement for all
ABAWDs required to work and unable to secure employment. Federal
funds received to serve, through a CalFresh Employment and Training
program, ABAWDs who are subject to the time limit described in
subdivision (a) shall be used to support the cost to counties of
providing these services using a formula established by the
department in consultation with county human services agencies and
the Food and Nutrition Service of the United States Department of
Agriculture.
(3) A county issuing a notice of action to an applicant or
participant subject to the ABAWD time limit shall include information
to help the person, to the maximum extent permitted by federal law,
seek and receive assistance in securing employment or in securing an
exemption to the time limit, including, but not limited to, the name,
address, telephone number, and Internet address of a local legal
services office and a statewide welfare rights organization.
SEC. 5. SEC. 4. Section 18926.5 of
the Welfare and Institutions Code is amended to read:
18926.5. (a) For the purposes of this chapter, "CalFresh
Employment and Training program" or "CalFresh E&T" means the program
established under Section 6(d)(4)(B) of the federal Food and
Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7
of the Code of Federal Regulations, and associated administrative
notices published by the United States Department of Agriculture with
the purpose of assisting members of CalFresh households in gaining
skills, training, work, or experience that will increase their
ability to obtain regular employment.
(b) (1) Each county that elects to participate in the CalFresh
Employment and Training (CalFresh E&T) program, as authorized by the
federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), or that
is required to submit a CalFresh E&T plan pursuant to paragraph (3)
of subdivision (c) of Section 18926, shall screen CalFresh work
registrants to determine whether they will participate in, or be
deferred from, the CalFresh E&T program. If deferred, a CalFresh work
registrant may request to enroll in the CalFresh E&T program as a
voluntary participant. An individual shall be deferred from a
mandatory placement in the CalFresh E&T program if he or she
satisfies any of the criteria in Sections 273.7 and 273.24 of Title 7
of the Code of Federal Regulations, if he or she resides in a
federally determined work surplus area, or if he or she is a veteran
who has been honorably discharged from the United States Armed
Forces.
(2) For purposes of this section, "deferred" has the same meaning
as exempt.
(c) (1) A county participating in CalFresh E&T shall be required
to demonstrate in its CalFresh E&T plan how it is effectively using
CalFresh E&T funds for each of the components that the county offers,
including, but not limited to, any of the following:
(A) Self-initiated workfare.
(B) Work experience or training.
(C) Education.
(D) Job search.
(E) The support services or client reimbursements needed to
participate in subparagraphs (A) to (D), inclusive, as allowed by
federal law and guidance.
(2) Nothing in this section shall be construed to require a county
to offer a particular component as a part of its CalFresh E&T plan.
(d) If an able-bodied adult without dependents (ABAWD) who is
subject to the three-month time limit set forth in Section 273.24 of
Title 7 of the Code of Federal Regulations requests placement in the
CalFresh E&T program, the county shall provide a placement for the
person.
(e) Nothing in this section shall limit a county's ability to
condition the receipt of nonmedical benefits under Section 17000 on
an individual's participation in an employment and training or
workfare program of the county's choice, even if that program is
financed in whole or in part with CalFresh E&T funds or match funds.
(f) Nothing in this section shall restrict the use of federal
funds for the financing of CalFresh E&T programs.
(g) Nothing in this section shall be construed to require a county
to provide for workers' compensation coverage for a CalFresh E&T
participant. Notwithstanding Division 4 (commencing with Section
3200) of the Labor Code, a CalFresh E&T participant shall not be an
employee for the purposes of workers' compensation coverage and a
county shall have no duty to provide workers' compensation coverage
for a CalFresh E&T participant.
SEC. 6. SEC. 5. 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 act by
all-county letters or similar instructions. Thereafter, the
department shall adopt regulations to implement this act by January
1, 2018.
SEC. 7. SEC. 6. No appropriation
pursuant to Section 15200 of the Welfare and Institutions Code shall
be made for purposes of implementing this act.
SEC. 8. SEC. 7. 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.
