Bill Text: CA AB311 | 2023-2024 | Regular Session | Amended

California Assembly Bill 311 (Prior Session Legislation)

Bill Title: California Food Assistance Program: eligibility and benefits.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed - Dead) 2024-08-15 - In committee: Held under submission. [AB311 Detail]

Download: California-2023-AB311-Amended.html

Amended IN Senate June 06, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 311

Introduced by Assembly Member Santiago
(Principal ~~coauthor: Senator Hurtado~~ coauthors: Senators Hurtado and Rubio)
(Coauthors: Assembly Members Addis, Arambula, Bryan, Juan Carrillo, Garcia, McKinnor, Stephanie Nguyen, Ortega, Mike Fong, Low, and Robert Rivas)
(Coauthors: Senators Durazo, Gonzalez, Wiener, and Cortese)

January 26, 2023

An act to amend Section 18930 of the Welfare and Institutions Code, relating to public social services.

LEGISLATIVE COUNSEL'S DIGEST

AB 311, as amended, Santiago. California Food Assistance Program: eligibility and benefits.

Existing federal law provides for the 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 law requires the State Department of Social Services to establish a food assistance program, known as the California Food Assistance Program (CFAP), to provide assistance to a noncitizen of the United States if the person’s immigration status meets the eligibility criteria of SNAP in effect on August 21, 1996, but the person is not eligible for SNAP benefits solely due to their immigration status, as specified. Existing law also makes eligible for the program an applicant who is otherwise eligible for the program, but who entered the United States on or after August 22, 1996, if the applicant is sponsored and the applicant meets one of a list of criteria, including that the applicant, after entry into the United States, is a victim of the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.

Existing law, to become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System (SAWS) has been updated to perform the necessary automation, and subject to an appropriation in the annual Budget Act, makes an individual 55 years of age or older eligible for the program if the individual’s immigration status is the sole basis for their ineligibility for CalFresh benefits.

This bill would remove that age limitation and make any individual eligible for the program if the individual’s immigration status is the sole basis for their ineligibility for CalFresh benefits. By extending eligibility for CFAP, which is administered by the counties, this bill would impose 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.

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

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

SECTION 1.

(a) The Legislature finds and declares all of the following:

(1) The Supplemental Nutrition Assistance Program (SNAP) is a federal entitlement program. The federal government funds the nutrition benefits, ~~and~~ establishes most program rules, sets the benefit levels, and funds all program food benefits. The state determines certain conditions of eligibility and oversees county administration of the program.

(2) In California, SNAP is known as ~~CalFresh,~~ CalFresh and is the largest and most impactful antihunger program in the state, providing vital food assistance to more than 4 million Californians each month.

(3) CalFresh is also an effective antipoverty program, lifting more than 800,000 Californians out of poverty each year.

(4) Federal SNAP law prohibits participation in CalFresh for many low-income Californians, solely due to their immigration status.

(5) The California Food Assistance Program (CFAP) is a state-funded program created in response to the 1996 federal welfare reform that removed SNAP eligibility from many qualified immigrants.

(6) CalFresh excludes noncitizen immigrants without lawful status, Deferred Action for Childhood Arrivals (DACA) recipients, Temporary Protected Status (TPS) holders, and certain other ~~visa holders~~ visaholders from CalFresh and CFAP eligibility.

(7) The COVID-19 pandemic and its aftermath have greatly increased food insecurity among low-income Californians, and disproportionately impacted immigrants with low income.

(8) Food prices have recently risen significantly due to inflation, further exacerbating food insecurity and hardship for Californians with low income.

(9) Access to food assistance means greater opportunity to reduce hunger, improve health, and lift people out of poverty.

(10) Recognizing the need to ensure a more equitable nutrition safety net, the State of California recently committed to expanding access to CFAP to Californians age 55 and older who are ineligible for CalFresh or CFAP solely due to their immigration status.

(11) Recent research shows that 45 percent of undocumented Californians face food insecurity, and 64 percent of undocumented California children are affected by food insecurity.

(12) In order to end the inequitable provision that excludes many Californians from vital food assistance based solely on immigration status and meet the current needs of all California immigrants, access to CFAP must be expanded to all Californians regardless of immigration status with no exceptions or exclusions.

(b) It is the intent of the Legislature that all Californians, regardless of immigration status, have access to food assistance to maximize the impact of nutrition safety net funding to reduce poverty, fight hunger, and improve health for all low-income Californians.

SEC. 2.

Section 18930 of the Welfare and Institutions Code, as amended by Section 84 of Chapter 50 of the Statutes of 2022, is amended to read:

18930.

(a) There is hereby created the California Food Assistance Program (CFAP).

(b) CFAP shall utilize existing CalFresh and electronic benefits transfer system infrastructure to the extent permissible by federal law.

(c) The State Department of Social Services shall use state funds appropriated for CFAP to provide nutrition benefits to households that are ineligible for CalFresh benefits solely due to their immigration status. In accordance with Section 1621(d) of Title 8 of the United States Code, this chapter provides benefits for undocumented persons.

(1) Subject to an appropriation in the annual Budget Act for the express purpose of this paragraph, an individual shall be eligible for the program established in subdivision (a) if the individual’s immigration status is the sole basis for their ineligibility for CalFresh benefits.

(2) Except as provided in paragraphs (3), (4), and (5) and Section 18930.5, noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person’s immigration status meets the eligibility criteria of the federal Supplemental Nutrition Assistance Program in effect on August 21, 1996, but the person is not eligible for federal Supplemental Nutrition Assistance Program benefits solely due to the person’s immigration status under Public Law 104-193 and any subsequent amendments thereto.

(3) Noncitizens of the United States shall be eligible for the program established pursuant to subdivision (a) if the person is a battered immigrant spouse or child or the parent or child of the battered immigrant, as described in Section 1641(c) of Title 8 of the United States Code, as amended by Section 5571 of Public Law 105-33, or if the person is a Cuban or Haitian entrant as described in Section 501(e) of the federal Refugee Education Assistance Act of 1980 (Public Law 96-422).

(4) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, shall be eligible for aid under this chapter if the applicant is sponsored and one of the following apply:

(A) The sponsor has died.

(B) The sponsor is disabled, as defined in subparagraph (A) of paragraph (3) of subdivision (b) of Section 11320.3.

(C) The applicant, after entry into the United States, is a victim of abuse by the sponsor or the spouse of the sponsor if the spouse is living with the sponsor.

(5) An applicant who is otherwise eligible for the program but who entered the United States on or after August 22, 1996, who does not meet one of the conditions of paragraph (4), shall be eligible for aid under this chapter beginning on October 1, 1999.

(6) The applicant shall be required to provide verification that one of the conditions of subparagraph (A), (B), or (C) of paragraph (4) has been met.

(7) For purposes of subparagraph (C) of paragraph (4), abuse shall be defined in the same manner as provided in Section 11495.1 and Section 11495.12. A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse are also provided. Additional evidence may include, but is not limited to, the following:

(A) Police, government agency, or court records or files.

(B) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.

(D) Physical evidence of abuse.

(8) If the victim cannot provide additional evidence of abuse, then the sworn statement shall be sufficient if the county makes a determination documented in writing in the case file that the applicant is credible.

(d) (1) The amount of nutrition benefits provided to each CFAP household shall be identical to the amount that would otherwise be provided to a household eligible for CalFresh benefits.

(2) The benefit amount for a CFAP recipient who is an excluded member of a CalFresh household shall be limited to the amount that the recipient would have received as their share of a CalFresh household benefit, had they not been excluded due to their immigration status.

(3) To the extent permissible under federal law, the delivery of CFAP nutrition benefits shall be identical to the delivery of CalFresh benefits to eligible CalFresh households.

(e) (1) To the extent allowed by federal law, the income, resources, and deductible expenses of those persons described in subdivision (c) shall be excluded when calculating CalFresh benefits under Chapter 10 (commencing with Section 18900).

(2) No household shall receive more CalFresh benefits under this section than it would if no household member was rendered ineligible pursuant to Title IV of Public Law 104-193 and any subsequent amendments thereto.

(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 State Department of Social Services may implement and administer this section through all-county letters or similar instructions without taking regulatory action until final regulations are adopted, but no later than 18 months after the date upon which this subdivision becomes operative.

(g) This section shall become operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System can perform the necessary automation to implement this section.

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.