Bill Text: CA AB2100 | 2021-2022 | Regular Session | Amended
Bill Title: CalFresh: Restaurant Meals Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-08-11 - In committee: Held under submission. [AB2100 Detail]
Download: California-2021-AB2100-Amended.html
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Amended
IN
Assembly
April 19, 2022 |
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Amended
IN
Assembly
March 11, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2100
| Introduced by Assembly Member Carrillo |
February 14, 2022 |
An act to amend Section 18919 of the Welfare and Institutions Code, relating to CalFresh.
LEGISLATIVE COUNSEL'S DIGEST
AB 2100, as amended, Carrillo.
CalFresh: Restaurant Meals Program.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law authorizes eligible counties to participate in the Restaurant Meals Program (RMP), which allows eligible homeless, elderly, and disabled recipients to purchase meals at qualified restaurants. Existing law specifies that, for the purposes of these provisions, a restaurant includes, but is not necessarily limited to, an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant, unless it is specifically excluded from participation in the RMP by federal law or guidance.
This bill
would, to the extent permitted by federal law, make all CalFresh recipients eligible to participate in the RMP, and would require the State Department of Social Services to seek all necessary waivers to implement the expanded eligibility. The bill would also replace most uses of the term “restaurant” with the term “establishment,” and would explicitly include within the meaning of an establishment a military commissary and all locations within a grocery store where one can purchase ready to eat ready-to-eat foods. The bill would require the department, on or before May 1, 2023, to issue guidance to grocery stores and military commissaries that would like to become an establishment approved to participate in the RMP about how to become an approved establishment.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 18919 of the Welfare and Institutions Code is amended to read:18919.
(a) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall issue an annual all-county letter providing guidance that lists which counties or regions are eligible to participate in the Restaurant Meals Program (RMP) because they meet the requirements established in Section 4014 of the federal Agricultural Act of 2014 (Public Law 113-79). The department’s all-county letter shall include instructions for how a county may choose to administer the RMP in that county or appeal a noneligible determination by the department.(b) The department shall
design the electronic benefits transfer (EBT) system established pursuant to Chapter 3 (commencing with Section 10065) of Part 1 to, automatically and upon issuance of an EBT card, allow all CalFresh recipients who are eligible for the RMP to utilize their benefits in all establishments that have been approved to participate in the RMP.
(c) Except for direct farm purchasing programs or if otherwise not required at a certified farmer’s market, an establishment shall not operate as a vendor in the program unless the establishment permits customers to make in-store purchases, maintains a current public health license, and complies with all federal, state, and local health and safety laws, regulations, and ordinances. For the purpose of this section, “in-store purchase” means any purchase that is not delivered to the purchaser.
(d) To the extent permitted by federal law, a county, in administering its RMP program, shall not be precluded from determining the number, type, and location of establishments the county chooses to include as vendors to align with county administrative capacity or other factors, including, but not limited to, location of participating
establishments and recipient demand.
(e) (1) To the extent permitted by federal law, the department, in consultation with various stakeholders, including, but not limited to, county human services agencies and advocates for CalFresh recipients, shall establish a statewide RMP.
(2) 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 subdivision by means of all-county letters or similar instructions from the director on or before September 1, 2021.
(f) (1) To the extent permitted by federal law, all CalFresh
recipients shall be eligible to participate in the RMP.
(2) The department shall seek all necessary waivers from the United States Department of Agriculture to implement paragraph (1).
(g) To prevent hunger among college students who are homeless, elderly, or disabled, and to facilitate compliance with Section 66025.93 of the Education Code, the department may enter into a statewide memorandum of understanding with the Chancellor of the California State University, the Chancellor of the California Community Colleges, or both. Any qualifying food facility located on a campus of the California State University or a campus of the California Community Colleges may participate in the CalFresh RMP through this statewide memorandum of understanding.
(h) (1)For purposes of this section, unless it is specifically excluded from participation in the RMP by federal law or guidance, an establishment includes, but is not necessarily limited to, an on-campus qualifying food facility, as defined in Section
66025.93 of the Education Code, an eat-in establishment, a grocery store delicatessen or other location within a grocery store where one can purchase ready to eat ready-to-eat foods, military commissary, and a takeaway-only restaurant.
(2)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), on or before May 1, 2023, the department shall issue guidance to grocery stores and military commissaries that would like to become an establishment approved to participate in the RMP about how to become an approved establishment.
