Bill Text: NJ A4613 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires several State agencies to review and increase, if authorized, income eligibility standards for certain public assistance, school nutrition, and higher education student financial assistance programs; makes an appropriation.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2025-05-08 - Reported and Referred to Assembly Oversight, Reform and Federal Relations Committee [A4613 Detail]
Download: New_Jersey-2024-A4613-Introduced.html
Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
Requires several State agencies to review and increase, if authorized, income eligibility thresholds for certain public assistance, school nutrition, and higher education student financial assistance programs; makes an appropriation.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning income eligibility for certain public assistance, school nutrition, and higher education student financial assistance programs, supplementing Title 18A of the New Jersey Statutes and Titles 30, 48, and 52 of the Revised Statutes, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Although the State minimum wage has increased annually since 2019, rising from $8.85 per hour in that year to $14.13 per hour in January 2023, with a further increase to $15.13 scheduled for January 2024, income eligibility standards for many public assistance, school nutrition, and higher education student financial assistance programs have not been revised accordingly.
b. According to multiple economic surveys, New Jersey residents have one of the highest costs of living in the country; however, the State has not updated the income eligibility standards for many State-run public assistance, school nutrition, and higher education student financial assistance programs to reflect this fact.
c. The additional income attained by minimum wage earners since 2019 has been eroded by inflationary pressures in recent years; however, because income eligibility standards for many State public assistance, school nutrition, and higher education student financial assistance programs have not increased along with the State minimum wage, working families continue to struggle to afford such necessities as food, rent, utilities, and clothing.
d. Given that minimum wage earners continue to struggle to afford basic necessities, it is essential that income eligibility standards for State-funded public assistance, school nutrition, and higher education student financial assistance programs increase in order to ensure a better quality of life for State residents.
2. a. The Commissioner of Agriculture shall have the authority, within the scope of this section, to increase the income eligibility standards, in the manner provided for by subsection d. of this section, for any school nutrition program for which the commissioner makes a determination pursuant to subsection b. of this section.
b. The commissioner shall review all school nutrition programs under the department's purview and determine whether:
(1) the department has the authority, pursuant to State and federal law, to increase the income eligibility standards for each program; and
(2) a school nutrition program, which is funded in whole or in part by a federal block grant, would have sufficient funding under the block grant to provide benefits and services for newly eligible beneficiaries subsequent to any increase in the program's income eligibility standards that may be authorized by the commissioner pursuant to this section.
c. The review conducted by the commissioner, pursuant to subsection b. of this section, shall include, at a minimum, the following school nutrition programs:
(1) the National School Lunch Program;
(2) the federal School Breakfast Program;
(3) any summer meals programs; and
(4) any other school nutrition program administered by the department that the commissioner deems appropriate.
d. If the commissioner, based upon the results of the review conducted pursuant to subsection b. of this section, determines that the State has the statutory or regulatory authority to increase the income eligibility standards for a school nutrition program and, for any program funded in whole or in part by a federal block grant, sufficient funding is available to increase the income eligibility standards for the program, the commissioner shall increase the income eligibility standards for each such program by an amount equal to the total percentage increase in the State hourly minimum wage between January 1, 2019 and the effective date of this act, plus a cost of living adjustment in an amount equal to the cost of living adjustment for federal Social Security benefits for the calendar year in which the provisions of this act become effective.
e. The commissioner shall apply for such federal waivers as may be necessary to implement the provisions of this section and to continue to secure federal financial participation for school nutrition programs for qualified low and moderate-income households.
f. As used in this section:
"Department" means the Department of Agriculture.
"Federal School Breakfast Program," "National School Lunch Program," and "summer meals programs" mean the same as those terms are defined by section 2 of P.L.2022, c.104 (C.18A:33-3.2).
3. a. The Executive Director of the Higher Education Student Assistance Authority shall have the authority, within the scope of this section, to increase the income eligibility standards, in the manner provided for by subsection d. of this section, for any student financial assistance program for which the executive director makes a determination pursuant to subsection b. of this section.
b. The executive director shall review all higher education student financial assistance programs under the authority's purview and determine whether the authority may, pursuant to State or federal law, increase the income eligibility standards for each program.
c. The review conducted by the executive director, pursuant to subsection b. of this section, shall include, at a minimum, the following higher education student financial assistance programs:
(1) tuition aid grants;
(2) the Community College Opportunity Grant program; and
(3) any other higher education student financial assistance programs administered by the authority that the executive director deems appropriate.
d. If the executive director, based upon the results of the review conducted pursuant to subsection b. of this section, determines that the authority has the statutory or regulatory authority to increase the income eligibility standards for a higher education student financial assistance program, the executive director shall increase the income eligibility standards for each such program by an amount equal to the total percentage increase in the State hourly minimum wage between January 1, 2019 and the effective date of this act, plus a cost of living adjustment in an amount equal to the cost of living adjustment for federal Social Security benefits for the calendar year in which the provisions of this act become effective.
e. As used in this section:
"Authority" means the Higher Education Student Assistance Authority established under N.J.S.18A:71A-3.
"Community College Opportunity Grant program" means the grant program established pursuant to P.L.2021, c.26 (C.18A:71B-111 et seq.).
"Tuition aid grant" means a tuition aid grant awarded pursuant to P.L.1999, c.46 (C.18A:71B-18 et seq.).
4. a. The Commissioner of Human Services shall have the authority, within the scope of this section, to increase the income eligibility standards, in the manner provided for by subsection d. of this section, for any public assistance program for which the commissioner makes a determination pursuant to subsection b. of this section.
b. The commissioner shall review all public assistance programs under the department's purview and determine whether:
(1) the department has the authority, pursuant to State and federal law, to increase the income eligibility standards for each program; and
(2) a public assistance program, which is funded in whole or in part by a federal block grant, would have sufficient funding under the block grant to provide benefits and services for newly eligible beneficiaries subsequent to any increase in the program's income eligibility standards that may be authorized by the commissioner pursuant to this section.
c. The review conducted by the commissioner, pursuant to subsection b. of this section, shall include, at a minimum, the following public assistance programs:
(1) the Medicaid and NJ FamilyCare programs;
(2) the Work Force New Jersey/Temporary Assistance for Needy Families and Work Force New Jersey/General Assistance programs;
(3) the subsidized child care assistance program;
(4) the PAAD and Senior Gold Prescription Discount programs;
(5) the Lifeline Credit Program;
(6) the Tenants' Lifeline Assistance Program; and
(5) any other public assistance programs administered by the department that the commissioner deems appropriate.
d. If the commissioner, based upon the results of the review conducted pursuant to subsection b. of this section, determines that the State has the statutory or regulatory authority to increase the income eligibility standards for a public assistance program and, for any program funded in whole or in part by a federal block grant, sufficient funding is available to increase the income eligibility standards for the program, the commissioner shall increase the income eligibility standards for each such program by an amount equal to the total percentage increase in the State hourly minimum wage between January 1, 2019 and the effective date of this act, plus a cost of living adjustment in an amount equal to the cost of living adjustment for federal Social Security benefits for the calendar year in which the provisions of this act become effective.
e. The commissioner shall apply for such State plan amendments or federal waivers as may be necessary to implement the provisions of this section and to continue to secure federal financial participation for the Medicaid and NJ FamilyCare programs, the Work First New Jersey/Temporary Assistance for Needy Families program, and the subsidized child care assistance program.
f. As used in this section:
"Department" means the Department of Human Services.
"Lifeline Credit Program" means the utility benefit program administered by the Department of Human Services pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.).
"Medicaid" means the Medicaid program established pursuant to P.L.1968, c.413 (C.30:4D-1 et seq.).
"NJ FamilyCare" means the program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.), which includes the State's Medicaid program and the Children's Health Insurance Program.
"PAAD" means the program of pharmaceutical assistance to the aged and disabled established pursuant to P.L.1975, c.194 (C.30:4D-20 et seq.).
"Senior Gold Prescription Discount Program" means the program established pursuant to P.L.2011, c.96 (C.30:4D-43 et al.).
"Tenants' Lifeline Assistance Program" means the utility benefit program for residential tenants established pursuant to P.L.1981, c.210 (C.48:2-29.30 et seq.).
"Work First New Jersey" means the program established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) in accordance with authorization received under Title IV of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1601 et seq.). Work First New Jersey includes the federal Temporary Assistance to Needy Families program and the State General Assistance program.
5. a. The President of the Board of Public Utilities shall have the authority, within the scope of this section, to increase the income eligibility standards, in the manner provided for by subsection d. of this section, for any utility assistance program for which the president makes a determination pursuant to subsection b. of this section.
b. The president shall review all utility assistance programs under the board's purview and determine whether:
(1) the board has the authority, pursuant to State and federal law, to increase the income eligibility standards for each program; and
(2) a utility assistance program, which is funded in whole or in part by a federal block grant, would have sufficient funding under the block grant to provide benefits and services for newly eligible beneficiaries subsequent to any increase in the program's income eligibility standards that may be authorized by the president pursuant to this section.
c. The review conducted by the president, pursuant to subsection b. of this section, shall include, at a minimum, the following public assistance programs:
(1) payment assistance for gas and electric service;
(2) the Winter Termination Program; and
(3) any other utility assistance programs administered by the board that the president deems appropriate.
d. If the president, based upon the results of the review conducted pursuant to subsection b. of this section, determines that the State has the statutory or regulatory authority to increase the income eligibility standards for a utility assistance program and, for any program funded in whole or in part by federal funds, sufficient funding is available to increase the income eligibility standards for the program, the president shall increase the income eligibility standards for each such program by an amount equal to the total percentage increase in the State hourly minimum wage between January 1, 2019 and the effective date of this act, plus a cost of living adjustment in an amount equal to the cost of living adjustment for federal Social Security benefits for the calendar year in which the provisions of this act become effective.
e. As used in this section:
"Board" means the Board of Public Utilities.
"Payment assistance for gas and electric services" means payments made for restoration of gas and electric services and payments made to prevent the termination of gas and electric services pursuant to subsection b. of R.S.46:30B-74.
"Winter Termination Program" means the assistance program, established pursuant to section 4 of P.L.2021, c.317 (C.40A:5A-29) and administered by the board, which requires a public utility, as defined pursuant to R.S.48:2-13, to maintain or reconnect electric, gas, water, or wastewater service for specific residential customers during certain months.
6. a. The Commissioner of Community Affairs and the Executive Director of the New Jersey Housing and Mortgage Finance Agency shall each have the authority, within the scope of this section, to increase the income eligibility standards, in the manner provided for by subsection d. of this section, for any housing and utility assistance programs for which the commissioner or executive director, respectively, make a determination pursuant to subsection b. of this section.
b. The commissioner and executive director shall review all housing and utility assistance programs under the purview of their respective authorities, and determine whether:
(1) the department or agency, as applicable, has the authority, pursuant to State and federal law, to increase the income eligibility standards for each program; and
(2) a housing or utility assistance program, which is funded in whole or in part by a federal block grant, would have sufficient funding under the block grant to provide benefits and services for newly eligible beneficiaries subsequent to any increase in the program's income eligibility standards that may be authorized by the commissioner or executive director pursuant to this section.
c. The reviews conducted by the commissioner and executive director, pursuant to subsection b. of this section, shall include, at a minimum, the following programs:
(1) the State Rental Assistance Program;
(2) the Universal Service Fund; and
(3) any other assistance programs administered by the department or the agency that the commissioner or executive director, as applicable, deems appropriate.
d. If the commissioner or executive director, based upon the results of the review conducted pursuant to subsection b. of this section, determines that the State has the statutory or regulatory authority to increase the income eligibility standards for a housing or utility assistance program and, for any program funded in whole or in part by federal funds, sufficient funding is available to increase the income eligibility standards for the program, the commissioner or executive director, as applicable, shall increase the income eligibility standards for each such program by an amount equal to the total percentage increase in the State hourly minimum wage between January 1, 2019 and the effective date of this act, plus a cost of living adjustment in an amount equal to the cost of living adjustment for federal Social Security benefits for the calendar year in which the provisions of this act become effective.
e. The commissioner or executive director, as applicable, shall apply for such federal waivers as may be necessary to implement the provisions of this section and to continue to secure federal financial participation for housing and utility assistance programs.
f. As used in this section:
"Agency" means the New Jersey Housing and Mortgage Finance Agency established under section 4 of P.L.1983, c.530 (C.55:14K-4).
"Department" means the Department of Community Affairs.
"State Rental Assistance Program" means the rental assistance program for low-income individuals or households established pursuant to P.L.2004, c.140 (C.52:27D-287.1 et al.).
"Universal Service Fund" means the State program for low-income home energy assistance benefits established pursuant to section 12 of P.L.1999, c.23 (C.48:3-60).
7. The Commissioners of Agriculture, Community Affairs, and Human Services, the Executive Directors of the Higher Education Student Assistance Authority and the New Jersey Housing and Mortgage Finance Agency, and the President of the Board of Public Utilities, shall each adopt such rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of sections 2 through 6 of this act.
8. There are appropriated from the General Fund to each of the Departments of Agriculture, Community Affairs, and Human Services, and to the Higher Education Student Assistance Authority, the New Jersey Housing and Mortgage Finance Agency, and the Board of Public Utilities, such sums as may be necessary to implement the provisions of this act.
9. This act shall take effect immediately, except that sections 2 through 6 of this act shall take effect on the first day of the fourth month next following the date of enactment, and the Commissioners of Agriculture, Community Affairs, and Human Services, the Executive Directors of the Higher Education Student Assistance Authority and the New Jersey Housing and Mortgage Finance Agency, and the President of the Board of Public Utilities may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill requires certain State departments, the Higher Education Student Assistance Authority (HESAA), the New Jersey Housing and Mortgage Finance Agency (NJHMFA), and the Board of Public Utilities (BPU) to determine whether the State has the authority, under State and federal law, to increase the income eligibility standards for various public assistance, school nutrition, and higher education student financial assistance programs, and to raise the income eligibility standards for each program for which such State authority exists.
The bill directs the Executive Directors of the HESAA and the NJHMFA, the President of the BPU, and the Commissioners of Agriculture, Community Affairs, and Human Services, to consider, as part of this programmatic review, whether any assistance program, funded in whole or in part by a federal block grant, will have sufficient federal resources to support additional participants who become newly-eligible subsequent to an increase in the program's income eligibility standards. Among the programs that will be included in the review are: the Medicaid and NJ FamilyCare programs, the State Rental Assistance Program, the federal School Breakfast program, the tuition aid grant program, and the payment assistance for gas and electric initiative.
If a department, the HESAA, the NJHMFA, or the BPU determines that the State has the authority to raise income eligibility standards for an assistance program and, for programs funded by federal resources, sufficient funding is available to support additional program participants, the department, the HESAA, the NJHMFA, or the BPU will increase the program's income eligibility standards by an amount equal to the total percentage increase in the State minimum wage between January 1, 2019 and the bill's effective date, plus a cost of living adjustment in an amount equal to the cost of living adjustment for federal Social Security benefits for the calendar year in which the bill becomes effective.
The bill appropriates from the General Fund to the HESAA, the NJHMFA, the BPU, and each of the Departments of Agriculture, Community Affairs, and Human Services, such sums as are necessary to implement the requirements under the bill.
It is the sponsor's intent to ensure that the State's minimum wage earners retain eligibility for important public assistance and higher education student financial assistance programs subsequent to the statutory increases in the State minimum wage. Although minimum wage earners are now compensated at a higher rate than in 2019, recent inflationary pressures have made it increasingly difficult for
these workers to afford such essentials as food, clothing, and rent. The sponsor believes that the State must raise the income eligibility standards for essential public assistance, school nutrition, and higher education student financial assistance programs so that hard-working minimum wage earners can provide for their families.
