Bill Text: CA SB134 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: CalFresh eligibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-09-09 - Chaptered by Secretary of State. Chapter 283, Statutes of 2013. [SB134 Detail]

Download: California-2013-SB134-Introduced.html

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BILL NUMBER: SB 134	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Rubio

                        JANUARY 28, 2013

   An act to add Section 18928 to the Welfare and Institutions Code,
relating to public social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 134, as introduced, Rubio. CalFresh.
   Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), formerly the Food Stamp Program,
under which nutrition assistance benefits, formerly referred to as
food stamps, are allocated to each state by the federal government.
That program, as administered in California, is known as CAlFresh.
Under existing state law, pursuant to CalFresh, California's federal
allocation is distributed to eligible individuals by each county.
Existing law authorizes a county to deliver CalFresh benefits through
the use of an electronic benefits transfer (EBT) system and also
prohibits recipients from purchasing certain items with their
CalFresh benefits.
   This bill would, to the extent permitted by federal law, require
the State Department of Social Services to modify the list of
allowable food items purchasable under CalFresh to prohibit
recipients of CalFresh benefits from purchasing with those benefits
sweetened beverages containing more than 10 calories per cup, except
as specified. The bill would require the department to seek all
necessary federal approvals to implement these provisions.
   To the extent that this bill would increase the duties of county
officials that administer CalFresh, 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 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.  The Legislature finds and declares all of the
following:
   (a) Two-thirds of adults and nearly one in three children are
overweight or obese in the United States. The federal Centers for
Disease Control and Prevention reports that 24.8 percent of
Californians are obese. Obesity presents a major financial burden to
the state because it is associated with common chronic conditions
including heart disease, diabetes, and cancer. The "obesogenic"
elements of American society must be addressed to improve both the
public and fiscal health of the nation.
   (b) In May 2010, the White House Task Force on Childhood Obesity
called for the nation's food assistance programs to contribute to the
solution to the multifaceted problem of obesity by ensuring access
to nutritious foods. Currently, under the United States Department of
Agriculture (USDA) guidelines for the federal Supplemental Nutrition
Assistance Program (SNAP), CalFresh recipients have a relatively
large degree of freedom with respect to which food products they may
purchase with their SNAP dollars, through the Golden State Advantage
Electronic Benefits Transfer (EBT) card. There are a number of items,
however, that are not allowed to be purchased with the EBT card at
point-of-sale, including alcoholic beverages, cigarettes, cat litter,
and hot foods.
   (c) While the USDA claims that SNAP's stated goal is to "provide
food assistance to raise levels of nutrition among low-income
individuals," recent epidemiological and public health studies
focused on California's SNAP population have indicated that SNAP
participants are more likely to be obese than non-SNAP participants.
Additionally, soda consumption among participants is significantly
higher than nonparticipants.
   (d) Excess consumption of sugar-sweetened beverages, including,
but not limited to, soda, promotes both tooth decay and increased
body weight in children while providing few essential nutrients.
Additionally, SNAP recipients purchase at least 40 percent more
sugar-sweetened beverages than do other consumers, according to the
USDA's National Health and Nutrition Survey.
   (e) In response, the Legislature is requesting the State
Department of Social Services to seek all necessary federal approvals
to modify the list of allowable foods that may be purchased with
CalFresh benefits in California to prohibit the purchase of
sugar-sweetened beverages, including, but not limited to, sodas, that
have little or no nutritional value and contribute to obesity and
poor health outcomes.
  SEC. 2.  Section 18928 is added to the Welfare and Institutions
Code, to read:
   18928.  (a) To the extent permitted by federal law, the State
Department of Social Services shall modify the list of allowable food
items that may be purchased with federal Supplemental Nutrition
Assistance Program dollars under CalFresh so that no CalFresh
benefits may be used to purchase sweetened beverages containing more
than 10 calories per cup, except that CalFresh benefits may be used
to purchase juice without added sugar, milk products, and milk
substitutes, even if sweetened.
   (b) The department shall use culturally sensitive campaigns to
promote the modifications made to CalFresh pursuant to this section
as well as the benefits of healthy and nutritious eating habits.
   (c) In implementing this section, the department may collaborate
with any public or nongovernmental organizations that promote the
health and well-being of all Californians.
   (d) The department shall seek all necessary federal approvals to
implement this section, which may include a waiver of federal law
from the United States Department of Agriculture.
  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.