Bill Text: CA SB999 | 2013-2014 | Regular Session | Amended

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

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Bill Title: CalFresh: student eligibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB999 Detail]

Download: California-2013-SB999-Amended.html

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BILL NUMBER: SB 999	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2014

INTRODUCED BY   Senator Liu

                        FEBRUARY 13, 2014

   An act to  add Article 7 (commencing with Section 79220) to
Chapter 9 of Part 48 of Division 7 of Title 3 of the Education Code,
and to  amend Section 18926.5 of the Welfare and Institutions
Code, relating to social services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 999, as amended, Liu.  CalFresh Employment and Training
Program.   CalFresh: student eligibility.  
   Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as CalFresh,
formerly the Food Stamp Program, under which supplemental nutrition
assistance benefits allocated to the state by the federal government
are distributed to eligible individuals by each county. Under
existing law, households are eligible to receive CalFresh benefits to
the extent permitted by federal law. Existing federal law provides
that a student who is enrolled at least half-time in an institution
of higher learning is not eligible to receive supplemental nutrition
assistance benefits, unless he or she meets one of several specified
exemptions.  
   This bill would require the Office of the Chancellor of the
California Community Colleges and the Department of Social Services
to examine and interpret those exemptions and establish clear and
detailed guidelines identifying the categories of students that may
qualify for an exemption and the programs in which enrollment may
qualify a student for an exemption. The bill would also require a
community college to provide documentation, as specified, to a
student who is enrolled in a program potentially qualifying him or
her for an exemption. By imposing additional duties on community
colleges, this bill would impose a state-mandated local program.

   Existing law authorizes counties to participate in the CalFresh
Employment and Training Program (CalFresh E&T), established by
federal law with the purpose of assisting members of CalFresh
households in gaining skills, training, work, or experience that will
increase their ability to obtain regular employment. Existing law
requires participating counties to screen CalFresh work registrants
to determine whether the registrants will participate in, or be
deferred from, the CalFresh E&T program.  Existing law requires a
county that elects to participate in CalFresh E   & 
 T to demonstrate how it is successfully using CalFresh E 
&   T funds for each component that it offers, which may
include, among others, work experience and training. 
   This bill would  make technical, nonsubstantive changes to
those provisions.   authorize a county that elects to
participate in the CalFresh E   &   T program to
enter into an agreement with a community college or a  
California State University to establish subsidized employment
opportunities, financed using federal funds, for students attending
those postsecondary institutions who are required to participate in,
or who have elected to voluntarily participate in, the CalFresh E
  &   T 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:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Article 7 (commencing with Section
79220) is added to Chapter 9 of Part 48 of Division 7 of Title 3 of
the   Education Code   , to read:  

      Article 7.  Student Eligibility for CalFresh


   79220.  The Office of the Chancellor of the California Community
Colleges and the Department of Social Services shall examine and
interpret the exemptions to the prohibition on student eligibility
for CalFresh benefits, identified in Section 2015(e) of Title 7 of
the United States Code and Section 273.5(b) of Title 7 of the Code of
Federal Regulations, and shall establish clear and detailed
guidelines identifying the categories of students that may qualify
for an exemption and the programs in which enrollment may qualify a
student for an exemption.
   79230.  A community college shall provide documentation to each
student who is enrolled in a program that has been identified
pursuant to Section 79220 as a program potentially qualifying him or
her for an exemption to the prohibition on student Eligibility for
CalFresh benefits, identified in Section 2015(e) of Title 7 of the
United States Code and Section 273.5(b) of Title 7 of the Code of
Federal Regulations, at the time that the student develops an
education plan, as required by Section 78215, and at any other time a
student requests that documentation. 
   SECTION 1.   SEC. 2.   Section 18926.5
of the Welfare and Institutions Code is amended to read:
   18926.5.  (a) For the purposes of this chapter, "CalFresh
Employment and Training program" or "CalFresh E&T" means the program
established under Section 6(d)(4)(B) of the federal Food and
Nutrition Act of 2008 (7 U.S.C. Sec. 2015), Section 273.7 of Title 7
of the Code of Federal Regulations, and associated administrative
notices published by the United States Department of Agriculture with
the purpose of assisting members of CalFresh households in gaining
skills, training, work, or experience that will increase their
ability to obtain regular employment.
   (b) (1) A county that elects to participate in the CalFresh
Employment and Training (CalFresh E&T) program, as authorized by the
federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2015), shall
screen CalFresh work registrants to determine whether they will
participate in, or be deferred from, the CalFresh E&T program. If
deferred, a CalFresh work registrant may request to enroll in the
CalFresh E&T program as a voluntary participant. An individual shall
be deferred from a mandatory placement in the CalFresh E&T program if
he or she satisfies any of the criteria in Sections 273.7 and 273.24
of Title 7 of the Code of Federal Regulations, if he or she resides
in a federally determined work surplus area, or if he or she is a
veteran who has been honorably discharged from the United States
Armed Forces.
   (2) For purposes of this section, "deferred" has the same meaning
as exempt.
   (c) (1) A county that elects to participate in the CalFresh E&T
program shall be required to demonstrate in its CalFresh E&T plan how
it is effectively using CalFresh E&T funds for each of the
components that the county offers, including, but not limited to, any
of the following:
   (A) Self-initiated workfare.
   (B) Work experience or training.
   (C) Education.
   (D) Job search.
   (E) The support services or client reimbursements needed to
participate in subparagraphs (A) to (D), inclusive, as allowed by
federal law and guidance.
   (2) This section shall not be construed to require a county to
offer a particular component as a part of its CalFresh E&T plan.
   (d) This section does not limit a county's ability to condition
the receipt of nonmedical benefits under Section 17000 on an
individual's participation in an employment and training or workfare
program of the county's choice, even if that program is financed in
whole or in part with CalFresh E&T funds or match funds.
   (e) This section does not restrict the use of federal funds for
the financing of CalFresh E&T programs. 
   (f) A county that elects to participate in the CalFresh E&T
program may enter into an agreement with a community college or a
California State University in order to establish subsidized
employment opportunities, financed using federal funds, for students
attending those postsecondary institutions who are required to
participate in, or who have elected to voluntarily participate in,
the CalFresh E&T program.  
   (f) 
    (g)  This section shall not be construed to require a
county to provide for workers' compensation coverage for a CalFresh
E&T participant. Notwithstanding Division 4 (commencing with Section
3200) of the Labor Code, a CalFresh E&T participant shall not be an
employee for the purposes of workers' compensation coverage and a
county shall have no duty to provide workers' compensation coverage
for a CalFresh E&T participant. 
   (g) 
    (h)  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 may implement this section by all-county letters or
similar instructions. Thereafter, the department shall adopt
regulations to implement this section by October 1, 2013.
   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.