Bill Text: CA AB1930 | 2013-2014 | Regular Session | Amended

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

---

Bill Title: CalFresh: student eligibility.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 729, Statutes of 2014. [AB1930 Detail]

Download: California-2013-AB1930-Amended.html

---

BILL NUMBER: AB 1930	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 4, 2014
	AMENDED IN ASSEMBLY  MAY 13, 2014
	AMENDED IN ASSEMBLY  MAY 6, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 19, 2014

   An act to add Section 18901.11 to the Welfare and Institutions
Code, relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1930, as amended, Skinner. CalFresh: student eligibility.
   Existing federal  law, the Food Stamp Act,  
law  provides for the Supplemental Nutrition Assistance Program
(SNAP), known in California as  CalFresh. The act allocates
  CalFresh, formerly the Food Stamp Program, under which
 supplemental nutrition assistance benefits  allocated
 to the state  to be   by the federal
government are  distributed to eligible individuals by each
county.  The act generally requires each household member, as
a condition of SNAP eligibility, to comply with specified work
requirements, including participation in a Food Stamp Employment and
Training (E&T) program administered by a state agency, as specified,
unless an exemption applies. The act further   Under
existing law, households are eligible to receive CalFresh benefits to
the extent permitted by federal law. Existing federal law 
provides that students who are enrolled in college or other
institutions of higher education at least half time are not eligible
for SNAP benefits unless they meet one of several  specified
 exemptions, including  working at least 20 hours a week
or  participating in specified employment training 
programs, including an E&T program described above.  
programs. 
   Existing law establishes the Community College Extended
Opportunity Programs and Services (EOPS) to encourage local community
colleges to establish and implement programs directed to identifying
those students affected by language, social, and economic handicaps,
and to assist those students to achieve their educational objectives
and goals, including, but not limited to, obtaining job skills,
occupational certificates, or associate degrees, and transferring to
4-year institutions.
   This bill would require county human services  agencies
  agencies,  in determining the eligibility and
benefit level of a student  subject to the student work
requirement described above, to screen for   for
CalFresh benefits, to consider  all potential exemptions
 to that rule  using a specified protocol. The bill
would  require that students who participate in the EOPS
program be considered exempt from the student work requirement as
specified,   provide that, for the purposes of
determining   eligibility, the EOPS program is a specified
employment training program, thereby qualifying a student
participating in the EOPS program for an exemption,  unless
prohibited by federal law. The bill would also require the State
Department of Social Services, in consultation with representatives
from other specified organizations, to establish a protocol to
 screen for   identify and grant  all
potential exemptions  to the rule  and to identify
and verify participation in the EOPS  program, criteria for
self-initiated placement,   program  and other
educational  programs   programs, including
self-initiated placements,  that would  exempt a student
from the student work requirement.   qualify a student
for an exemption   .  The bill would require the
department to implement these provisions by all-county letters or
similar instructions beginning no later than October 1, 2015, until
regulations are adopted, and would require the department to adopt
regulations on or before October 1, 2017.  The bill would require
the department to seek and obtain federal approval, as specified,
prior to publishing that guidance or regulation, if the United States
Department of Agriculture requires federal approval.  By
imposing new duties on county welfare departments, this 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 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.  It is the intent of the Legislature to increase college
graduation rates of low-income Californians and to reduce the
incidence of economic hardship and hunger among low-income college
students.
  SEC. 2.  Section 18901.11 is added to the Welfare and Institutions
Code, to read:
   18901.11.  (a) In determining the eligibility and benefit level of
a student subject to the  student work requirement 
 eligibility rule  described in  subdivision (a) of
Section 273.5 of Subpart C of Part 273   Section 273.5
(a)  of Title 7 of the Code of Federal Regulations, county human
services agencies shall  screen for   consider
 all potential exemptions  to the requirement 
 described in Section 273.5(b) of Title 7 of the Code of Federal
Regulations,  using the protocol established  in
  pursuant to  subdivision (c).
   (b)  Students participating in   For the
purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of
Federal Regulations,  the Community College Extended Opportunity
Programs and Services established pursuant to Article 8 (commencing
with Section 69640) of Chapter 2 of Part 42 of Division 5 of Title 3
of the Education Code shall be considered  exempt from the
student work requirement pursuant to paragraph (11) of subdivision
(b) of Section 273.5 of, and paragraph (1) of subdivision (e) of
Section 273.7 of, Subpart C of Part 273   an employment
and training program established pursuant to Section 273.7  of
Title 7 of the Code of Federal Regulations, unless prohibited by
federal law.
   (c) The department shall, in consultation with representatives of
the office of the Chancellor of the California Community Colleges,
offices of the Chancellor of the California State University,
University of California Chancellors' offices, the California
Workforce Investment Board, county human services agencies, and
advocates for students and clients, establish a protocol to 
screen for   identify and grant  all potential
exemptions to the  requirement described in subdivision (a)
of Section 273.5 of Subpart C of Part 273   eligibility
rule described in Section 273.5(a)  of Title 7 of the Code of
Federal Regulations, and to identify and verify participation in the
Community College Extended Opportunity Programs  and
Services, criteria for self-initiated placement,  and other
educational  programs   programs, including, but
not limited to, self-initiated placements,  that would exempt a
student from the  student work requirement.  
eligibility rule described in Section 273.5(a) of Title 7 of the Code
of Federal Regulations.  To the extent possible, this
consultation shall take place through existing workgroups convened by
the department. 
   (d) If the United States Department of Agriculture requires
federal approval of the exemption designation established pursuant to
subdivision (b) and the protocol established pursuant to subdivision
(c), the department shall seek and obtain that approval before
publishing the guidance or regulation required by subdivision (f).
 
   (d) 
    (e)   (1)    This section 
shall   does  not require a county human services
agency to offer a particular component, support services, or worker's
compensation to a student found eligible for an exemption pursuant
to  subdivision (a).   this section. 

   (e) 
    (   2)  This section  shall 
 does  not restrict or require the use of federal funds for
the financing of CalFresh E&T programs. 
   (3) This section does not require a college or university to
provide a student with information necessary to verify eligibility
for CalFresh. 
   (f) Notwithstanding the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code),
the department shall implement this section by all-county letters or
similar instructions beginning no later than October 1, 2015, until
regulations are adopted. The department shall adopt regulations
implementing this section on or before October 1, 2017.
  SEC. 3.  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.