Today's Law As Amended


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AB-276 CalFresh eligibility.(2013-2014)



As Amends the Law Today


SECTION 1.
 It is the intent of the Legislature in enacting this act to limit barriers to food assistance for low income veteran families and to increase referrals to veteran-oriented job training programs.

SEC. 2.

 Section 18923.5 is added to the Welfare and Institutions Code, to read:

18923.5.
 The state shall submit a request to the United States Department of Agriculture, on or before December 31, 2014, to waive the provisions of Section 273.9(c)(1)(vii) of Title 7 of the Code of Federal Regulations, excluding the basic allowance for housing, per Section 403(a) of Title 7 of the United States Code, from countable income in the calculation of eligibility and benefit level for purposes of CalFresh. The waiver requested under this section shall be implemented within six months from the approval of the waiver.

SEC. 3.

 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.  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 currently serving in the United States Armed Forces or is  a veteran who has been honorably discharged from the United States Armed Forces, if he or she is a victim of domestic violence, or if he or she is subject to the able-bodied adult without dependents (ABAWD) time limit pursuant to Section 18926. Forces. 
(2) For purposes of this section, “deferred” has the same meaning as exempt.
(c) (1) A county participating in  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, which may include, but are  including, but  not limited to, any of the following:
(A) Self-initiated workfare.
(B) Work experience or training.
(C) Education.
(D) Job search.
(E) Job search training.
(F) Workforce Innovation and Opportunity Act activities.
(G) Self-employment training.
(H) Job retention.
(I) Subsidized employment, as set forth in subdivision (d).
(J) (E)  (i)  The support services or client reimbursements needed to participate in subparagraphs (A) to (I), (D),  inclusive, as allowed by federal and state  law and guidance.
(ii) The department shall issue guidance to counties participating in CalFresh E&T with instructions for providing support services or client reimbursements pursuant to this subparagraph. The guidance shall include, but not be limited to, instructions for reimbursing a proportion of the cost of Internet service or telephone service.
(2) This section does not  Nothing in this section shall be construed to  require a county to offer a particular component as a part of its CalFresh E&T plan.
(d) To the extent permitted by federal law, the department shall seek a federal waiver that would allow 50-percent federal reimbursement for eligible CalFresh E&T activities to be used to provide a wage subsidy for ABAWD participants in counties that do not participate in the waiver of the ABAWD time limit pursuant to Section 18926.
(e) (d)  This section does not  Nothing in this section shall  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.
(f) (e)  This section does not  Nothing in this section shall  restrict the use of federal funds for the financing of CalFresh E&T programs.
(g) (f)  This section does not  Nothing in this section shall 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 is shall  not be  an employee for the purposes of workers’ compensation coverage, coverage  and a county has  shall have  no duty to provide workers’ compensation coverage for a CalFresh E&T participant.
(h) This section does not prevent the department from entering into an agreement with an organization, institution, or agency, and, subject to approval of the state’s employment and training plan by the United States Department of Agriculture, from acting as the state entity for receipt of employment and training reimbursement from/through the federal Supplemental Nutrition Assistance Program on behalf of the organization, institution, or agency.
(i) (g)  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. The  Thereafter, the  department shall adopt regulations to implement this section by January October  1, 2019. 2013. 

SEC. 4.

 Section 18926.6 is added to the Welfare and Institutions Code, to read:

18926.6.
 A veteran applying for CalFresh benefits who is required to register to work, but who is exempt from mandatory placement in the CalFresh Employment and Training Program pursuant to Section 18926.5, shall be provided with a referral to local veterans assistance and job training agencies and be given the opportunity to participate as a volunteer in CalFresh E&T if the county administers that program.
SEC. 5.
 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.