New Jersey-2022-S1680-Amended

An Act concerning the New Jersey Supplemental Nutrition Assistance Program Employment and Training Program, supplementing Title 44 of the Revised Statutes, and amending P.L. 2013, c.45.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. The Department of Labor and Workforce Development, in collaboration with the Department of Human Services, shall designate each community college in the State ²that provides allowable services to be² a ²partnering² provider ²[of] to deliver those² allowable services under the New Jersey Supplemental Nutrition Assistance Program Employment and Training Program and the New Jersey Supplemental Nutrition Assistance Program Employment and Training Program Provider 50/50 Match Project ², provided that any designation pursuant to this subsection shall be subject to approval by the Food and Nutrition Service in the United States Department of Agriculture and provided further that nothing in this subsection shall be interpreted as preventing the departments from subjecting designated community colleges to reasonable reporting requirements and any other regulations under the New Jersey Supplemental Nutrition Assistance Program Employment and Training Program and the New Jersey Supplemental Nutrition Assistance Program Employment and Training Program Provider 50/50 Match Project².

b. As used in this section:

"Allowable ²[service] services²" means services reimbursable under the federal "²[Food and Nutrition Act of 2008] Food Stamp Act of 1964²," ¹[Pub.L.110-246] Pub.L.88-525¹ (7 U.S.C. s.2011 et seq.) that help Supplemental Nutrition Assistance Program recipients acquire the skills, training, work, or experience necessary to obtain regular employment¹.¹

"New Jersey Supplemental Nutrition Assistance Program Employment and Training Program" means the federal program administered by the Food and Nutrition Service in the United States Department of Agriculture and established pursuant to the federal "²[Food and Nutrition Act of 2008] Food Stamp Act of 1964²," ¹[Pub.L.110-246] Pub.L.88-525¹ (7 U.S.C. s.2011 et seq.) and any regulations adopted pursuant thereto.

"New Jersey Supplemental Nutrition Assistance Program Employment and Training Program Provider 50/50 Match Project" means the project established pursuant to P.L.2013, c.45 (C.44:10-95 et seq.).

c. The departments shall submit any necessary revisions regarding the State Supplemental Nutrition Assistance Program Employment and Training Plan to the Food and Nutrition Service in the United States Department of Agriculture in order to provide for the provisions of this section.

2. Section 4 of P.L.2013, c.45 (C.44:10-98) is amended to read as follows:

4. a. The commissioner shall issue a request for proposals from qualifying agencies to participate in the project no later than 60 days following the effective date of P.L.2013, c.45 (C.44:10-95 et seq.).

b. (1) The department shall select no fewer than three partnering providers, from among qualifying agencies submitting proposals, to participate in the project. Partnering providers shall provide services under NJ SNAP ETP to eligible participants and be eligible to receive federal reimbursements for those services pursuant to the conditions of P.L.2013, c.45 (C.44:10-95 et seq.).

(2) The Commissioner of Labor and Workforce Development shall extend the program beyond the initial four-year period. The Commissioner of Labor and Workforce Development shall, subject to the availability of federal funds, annually issue a new request for proposals and maintain the participation of no fewer than three partnering providers, from among qualifying agencies submitting proposals, to participate in the project for each subsequent year.

c. Each qualifying agency shall be evaluated for participation as a partnering provider in the project based on the agency's capacity to: serve eligible participants under NJ SNAP ETP; identify and utilize non-federal resources qualifying for federal SNAP ETP reimbursements pursuant to the federal "²[Food and Nutrition Act of 2008] Food Stamp Act of 1964²," ¹[Pub.L.110-246] Pub.L.88-525¹ (7 U.S.C. s.2011 et seq.); present and implement a coherent program plan for NJ SNAP ETP activities, as described in subsection d. of this section; and perform effectively each of the functions specified in section 6 of P.L.2013, c.45 (C.44:10-100).

d. Each qualifying agency's proposal shall include a program plan describing how the agency's activities under the project would fulfill the purposes of NJ SNAP ETP. The program plan shall include, but not be limited to, the following information:

(1) the program goals and objectives, including the agency's priorities for serving eligible participants in the State;

(2) the program design, including: strategies for targeting and recruiting eligible participants; educational skills and training activities; work-related activities; job preparation, placement, and retention activities; strategies for coordinating with the county welfare agencies and the Department of Labor and Workforce Development; and strategies for providing support services, including case management, early intervention, career counseling, and referrals to additional programs and services;

(3) the program budget, including the overall resources to be used to support the agency's NJ SNAP ETP activities, the specific non-federal resources to be used to generate federal SNAP ETP reimbursements, and the intended utilization of anticipated federal SNAP ETP reimbursements;

(4) the extent to which community partners, including subcontractors, will be involved in the agency's activities; and

(5) the agency's plans for performing each of the functions specified in section 6 of P.L.2013, c.45 (C.44:10-100).

e. In selecting partnering providers for participation in the project, the Department of Labor and Workforce Development shall prioritize partnering providers that would:

(1) serve SNAP recipients with significant barriers to employment, including, but not limited to: able-bodied adults without dependents required to participate in employment and training programs as a condition of receiving SNAP benefits; individuals with a history of substance abuse or other work limitations; ex-offenders; individuals with low literacy or limited English proficiency; veterans who are not eligible for other employment and training programs; and persons who are 16 through 24 years of age;

(2) serve unemployed or underemployed parents, including non-custodial parents and parents who have exceeded their Work First New Jersey TANF 60-month lifetime limit on cash assistance;

(3) provide training in both vocational and technical skills, as well as "soft skills," including, but not limited to: workplace preparation training, teamwork, problem solving, time management, and conflict resolution;

(4) provide training that results in marketable credentials and that prepares participants for employment or reemployment in industries with projections of growth;

(5) conduct job development activities and identify how job opportunities will be secured to maximize SNAP recipients' permanent placement in employment providing compensation at the level of a living wage and opportunities for wage progression; and

(6) demonstrate a proven history of successful job placement and retention.

f. The Department of Labor and Workforce Development may select partnering providers that would provide NJ SNAP ETP services within any service area including, but not limited to: the entire State; one or more regions encompassing several counties; or a single county.

g. Upon selection of a partnering provider, the Department of Labor and Workforce Development shall negotiate and execute a memorandum of understanding with the partnering provider, the department, and county welfare agencies, as applicable. The memorandum of understanding shall define the extent and degree of assistance and delineate the respective expectations, duties, and relations among the department, the Department of Labor and Workforce Development, the county welfare agencies, and the partnering provider.

h. The Commissioner of Labor and Workforce Development shall establish standards of performance for partnering providers conducting project activities pursuant to P.L.2013, c.45 (C.44:10-95 et seq.), including, but not limited to, standards for performing the programmatic functions and financial functions required pursuant to section 6 of P.L.2013, c.45 (C.44:10-100). The memorandum of understanding negotiated and executed pursuant to subsection g. of this section shall include a performance-based system for distributing federal SNAP ETP reimbursements to each partnering provider based upon the partnering provider's achievement of the standards of performance.

i. Upon finding that a partnering provider has not conducted its project activities in accordance with the standards of performance established in subsection h. of this section or that a partnering provider has otherwise failed to comply with the requirements of P.L.2013, c.45 (C.44:10-95 et seq.), the Commissioner of Labor and Workforce Development may: take such action as is necessary to correct the deficiencies of the provider; and terminate the partnering provider's participation in the project if the provider fails to take remedial action.

j. Upon the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Labor and Workforce Development shall designate each community college in the State ²that provides allowable services to be² a partnering provider ²to deliver those allowable services² under the project ², provided that any designation pursuant to this subsection shall be subject to approval by the Food and Nutrition Service in the United States Department of Agriculture and provided further that nothing in this subsection shall be interpreted as preventing the commissioner from subjecting designated community colleges to reasonable reporting requirements and any other regulations under the project² .

(cf: P.L.2019, c.253, s.4)

3. The Commissioner of Labor and Workforce Development, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and in consultation with the Commissioner of Human Services, shall adopt rules and regulations ²as may be necessary² to effectuate the purposes of this act.

4. This act shall take effect immediately.