Code Section Group

Welfare and Institutions Code - WIC

DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.8]

  ( Division 9 added by Stats. 1965, Ch. 1784. )

PART 6. MISCELLANEOUS PROVISIONS [18000 - 18999.8]

  ( Part 6 added by Stats. 1965, Ch. 1784. )

CHAPTER 10. CalFresh [18900 - 18928]
  ( Heading of Chapter 10 amended by Stats. 2011, Ch. 227, Sec. 67.5. )

18900.
  

Finding that hunger, undernutrition, and malnutrition are present and continuing problems faced by low-income California households, and further finding that the federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011), Title 7, United States Code) offers significant health-vital benefits, the purpose of this chapter is to establish a statewide program to enable recipients of aid under Part 3 (commencing with Section 11000) or Part 5 (commencing with Section 17000) of this division and other low-income households to receive benefits under the federal Supplemental Nutrition Assistance Program.

(Amended by Stats. 2011, Ch. 227, Sec. 68. (AB 1400) Effective January 1, 2012.)

18900.1.
  

(a) The State Department of Social Services shall propose a new name for the Food Stamp Program in California, by July 1, 2009. The department shall convene stakeholders to develop the new name, as provided in subdivision (b). The new name shall reflect one or more of the following concepts:

(1) That food stamps are no longer delivered by stamps.

(2) That food stamps support healthy living.

(3) That food stamps are important to agriculture in California.

(4) That food stamps would be better viewed as a health and nutrition program than as a welfare program.

(b) The department shall convene a diverse group of stakeholders to develop the new name, including representatives from agencies working to improve health and reduce diet-related illnesses.

(c) The department is encouraged to test the impact the new name would have on improving the perception of the program among low-income residents, and on increasing program participation.

(Added by Stats. 2008, Ch. 625, Sec. 1. Effective January 1, 2009.)

18900.2.
  

(a) Pursuant to Section 18900.1, the name of the federal Supplemental Nutrition Assistance Program (Chapter 51 (commencing with Section 2011) Title 7 of the United States Code) as administered in California shall be CalFresh.

(b) Any reference in any other law to the Food Stamp program shall refer to CalFresh.

(Added by Stats. 2011, Ch. 227, Sec. 69. (AB 1400) Effective January 1, 2012.)

18900.5.
  

(a) It is the intent of the Legislature in enacting this section that recipients of Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, may receive CalFresh benefits if otherwise eligible. Households described in this section and Sections 18900.6 and 18900.7 shall include households receiving benefits under Chapter 10.1 (commencing with Section 18930) of this part. It is the intent of the Legislature to continue funding a hold harmless for populations described in Sections 18900.6 and 18900.7 beyond 2018–19, until natural program attrition within these populations negates the need for additional funding. It is the intent of the Legislature to provide ongoing funding for county administration for implementation of this section and funding for county administration for implementation of the hold harmless pursuant to Sections 18900.6 and 18900.7 for the duration of the hold harmless enacted by either of those sections.

(b) The department shall notify the federal Commissioner of Social Security and the Secretary of the United States Department of Agriculture that the Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, do not include the bonus value of food stamps, as described in subdivision (g) of Section 2015 of Title 7 of the United States Code, effective June 1, 2019, unless the department notifies the Department of Finance that automation will not be complete by that date, in which case the department shall notify the Department of Finance of the date automation will be complete and the alternate implementation date, which shall be no later than August 1, 2019. No later than August 1, 2018, the department shall provide counties with instructions necessary to complete automation related to implementation of this section and Sections 18900.6 and 18900.7 by August 1, 2019.

(c) Subdivision (b) shall be implemented as follows:

(1) As of June 1, 2019, or the alternate implementation date described in subdivision (b), an individual otherwise eligible for CalFresh who is not in an existing CalFresh household as an excluded member, shall become eligible for CalFresh benefits notwithstanding that he or she is a recipient of Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3.

(2) (A) For all existing CalFresh households as of June 1, 2019, or the alternate implementation date described in subdivision (b), that as a result of subdivision (b) will include a previously excluded individual or individuals who receives Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, the county welfare department shall implement this provision by adding that individual, or those individuals, to the existing CalFresh household, and determining continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930) of this part, at the next periodic report or recertification as described in Sections 18910 and 18910.1. This shall include households which temporarily lose their eligibility on or before the date when the SSI individual(s) would be added and have their benefits restored within 30 days of that date based on good cause or providing the necessary information to restore eligibility.

(B) Notwithstanding subparagraph (A), an existing CalFresh household described in that subparagraph may, at any time following June 1, 2019, or the alternate implementation date described in subdivision (b), and before the next periodic report or recertification, request that a previously excluded individual or individuals who receive Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, be added to the CalFresh household. Upon such a request, the county welfare department then shall determine continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930) of this part.

(3) (A) For all new CalFresh households enrolled within six calendar months of June 1, 2019, or the alternate implementation date described in subdivision (b), consisting entirely of individuals receiving Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, and eligible for a certification period of 24 or 36 months, the household’s initial certification period may be no more than six months shorter than the maximum period allowable to help spread the workload of periodic reports and recertifications, and manage caseload relative to timeliness and accuracy standards.

(B) For all CalFresh households not described above in subparagraph (A), the household’s certification period shall be the maximum allowed by federal law for the household type, unless the county is complying with subdivision (b) of Section 18910, or, on a case-by-case basis only, the household’s individual circumstances require a shorter certification period.

(d) The provisions of this section and Sections 18900.6 and 18900.7 shall be implemented by the department in consultation with stakeholders and counties. Additionally, beginning July 1, 2018, and continuing quarterly through June 2019, or the alternate implementation date described in subdivision (b), the department shall convene discussions with the Legislature regarding implementation.

(e) This section shall be inoperative during any fiscal year in which funding is not appropriated in the annual Budget Act to support increased state and county administrative costs resulting from this section.

(Added by Stats. 2018, Ch. 35, Sec. 38. (AB 1811) Effective June 27, 2018. Conditionally inoperative as prescribed by its own provisions.)

18900.6.
  

(a) There is hereby created the SSI/SSP Cash-In Supplemental Nutrition Benefit (SNB) Program described in this section.

(b) The department shall use state funds appropriated for this program to provide nutrition benefits to continuing CalFresh households that were eligible for and receiving CalFresh benefits as of June 1, 2019, or the alternate implementation date described in subdivision (b) of Section 18900.5, but for whom the household’s monthly CalFresh benefit was reduced when a previously excluded individual or individuals were added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(c) (1) The amount of nutrition benefits provided to each household will be based on a supplemental nutrition benefit table developed by the department.

(2) The benefit table described in paragraph (1) shall be issued annually based on all of the following:

(A) The projected number of households described in subdivision (b).

(B) The size of households described in subdivision (b), as determined when the previously excluded individual or individuals were added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(C) The number of previously excluded individuals added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(D) The total funding appropriated for purposes of this section in the annual Budget Act.

(d) The table-based nutrition benefits provided pursuant to this section shall be delivered on a monthly basis through the electronic benefits transfer system created pursuant to Section 10072, in the same manner as CalFresh benefits, and to the extent permitted by federal law shall not be considered income for any means-tested program.

(e) These supplemental nutrition benefits shall be provided to the household only as long as the household continues to receive CalFresh, and includes the individual or individuals added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(f) A household whose CalFresh benefits are restored, consistent with current law, following discontinuance for failure to provide the necessary documentation or information required to determine continuing eligibility, will also have their SNB restored, without proration, back to the original date of discontinuance of the CalFresh benefits. If a household is discontinued for any other reason and reapplies for benefits, the supplemental benefit provisions outlined in this section shall not apply.

(g) Households that are eligible for and receive SNB under this section shall not at any point be eligible for transitional nutrition benefits as created in Section 18900.7, regardless of a change in household circumstances.

(h) The department shall develop client notices for the SNB program as appropriate.

(i) Supplemental nutrition benefits authorized pursuant to this section are not entitlement benefits, and the department shall provide benefits under this section only to the extent funding for purposes of this section is appropriated in the annual Budget Act.

(j) This section shall be inoperative during any fiscal year in which funding is not appropriated in the annual Budget Act to support increased state and county administrative costs resulting from this section.

(Added by Stats. 2018, Ch. 35, Sec. 39. (AB 1811) Effective June 27, 2018. Conditionally inoperative as prescribed by its own provisions.)

18900.7.
  

(a) There is hereby created the SSI/SSP Cash-In Transitional Nutrition Benefit (TNB) Program described in this section.

(b)  The department shall use state funds appropriated for this program to provide transitional nutrition benefits to former CalFresh households that were eligible for and receiving CalFresh benefits as of June 1, 2019, or the alternate implementation date described in subdivision (b) of Section 18900.5, but became ineligible for CalFresh when a previously excluded individual or individuals receiving Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, was added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(c) (1) The amount of transitional nutrition benefits provided to each household will be based on a transitional nutrition benefit table developed by the department.

(2) The benefit table described in paragraph (1) shall be issued annually based on all of the following:

(A) The projected number of households described in subdivision (b).

(B) Household size as determined when the previously excluded individual or individuals were added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(C) The number of previously excluded individuals added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(D) The total funding appropriated for purposes of this section in the annual Budget Act.

(d) The transitional nutrition benefits described in this section shall be delivered through the electronic benefits transfer system created pursuant to Section 10072, and to the extent permitted by federal law shall not be considered income for any means-tested program.

(e) Households eligible for TNB shall be initially certified for one 12-month period and then households may be recertified for additional six-month periods through a recertification process developed by the department, following consultation with counties and stakeholders, so long as the household continues to meet all of the following criteria:

(1) Include at least one individual added to the household pursuant to paragraph (2) of subdivision (c) of Section 18900.5.

(2) That individual or individuals continue to receive Supplemental Security Income benefits and/or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3.

(3) The household remains ineligible for CalFresh benefits.

(f) The department shall develop client notices for the TNB program as appropriate.

(g) If a household is discontinued for failure to provide the documentation or information required to determine continuing eligibility for TNB, the benefits shall be restored, without proration, back to the original date of discontinuance of TNB, if all documentation and information required to determine continuing eligibility is provided to the county within 30 days of the date of discontinuance from TNB. If the household is discontinued for any other reason and reapplies for benefits, the transitional benefit provisions outlined in this section shall not apply.

(h) Households that are eligible for and receive TNB under this section shall not at any point be eligible for supplemental nutrition benefits, as created in Section 18900.6, regardless of a change in household circumstances.

(i) Transitional nutrition benefits authorized pursuant to this section are not entitlement benefits, and the department shall provide benefits under this section only to the extent funding for purposes of this section is appropriated in the annual Budget Act.

(j) This section shall be inoperative during any fiscal year in which funding is not appropriated in the annual Budget Act to support increased state and county administrative costs resulting from this section.

(Added by Stats. 2018, Ch. 35, Sec. 40. (AB 1811) Effective June 27, 2018. Conditionally inoperative as prescribed by its own provisions.)

18901.
  

(a) The eligibility of households shall be determined to the extent permitted by federal law.

(b) In determining eligibility for CalFresh, no minimum age requirements shall be imposed other than those that exist under federal law.

(Amended by Stats. 2014, Ch. 71, Sec. 210. (SB 1304) Effective January 1, 2015.)

18901.1.
  

(a) The department shall issue guidance to simplify the verification of dependent care expense deductions necessary to determine a household’s eligibility for, or the benefit level of, CalFresh. The guidance shall establish that dependent care expenses shall be considered verified upon receipt of a self-certified statement of monthly dependent care expenses, unless federal law or guidance requires additional documentation.

(b) This section shall not preclude the county human services agency from requesting additional documentation to verify a dependent care expense deduction if the verification received is questionable.

(c) 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), until regulations are adopted, the department may implement this section through all-county letters or similar instructions. The department shall adopt regulations implementing this section on or before January 1, 2015.

(Added by Stats. 2013, Ch. 568, Sec. 2. (SB 672) Effective January 1, 2014.)

18901.2.
  

(a) There is hereby created the State Utility Assistance Subsidy (SUAS), a state-funded energy assistance program that shall provide energy assistance benefits to eligible CalFresh households so that the households may receive a standard utility allowance to be used to help meet their energy costs, receive information about energy efficiency, and so that some households may experience an increase in federal Supplemental Nutrition Assistance Program benefits, as well as benefit from paperwork reduction.

(b) To the extent required by federal law, the Department of Community Services and Development shall delegate authority to the State Department of Social Services to design, implement, and maintain SUAS as a program created exclusively for purposes of this section, similar to the federal Low-Income Home Energy Assistance Program (LIHEAP) (42 U.S.C. Sec. 8621 et seq.).

(c) In designing, implementing, and maintaining the SUAS program, the State Department of Social Services shall do all of the following:

(1) Provide households that do not currently qualify for, nor receive, a standard utility allowance, with a SUAS benefit in an amount and frequency sufficient to meet federal requirements specified in Section 2014(e)(6)(C)(iv) of Title 7 of the United States Code if the household meets either of the following requirements:

(A) The household would become eligible for CalFresh benefits if the standard utility allowance was provided.

(B) The household would receive increased benefits if the standard utility allowance was provided.

(2) Provide the SUAS benefit without requiring the applicant or recipient to provide additional paperwork or verification.

(3) Deliver the SUAS benefit using the Electronic Benefit Transfer (EBT) system.

(4) Notwithstanding any other law, notification of a recipient’s impending EBT dormant account status shall not be required when the remaining balance in a recipient’s account at the time the account becomes inactive is equal to or less than the value of one year of SUAS benefits.

(5) Ensure that receipt of the SUAS benefit pursuant to this section does not adversely affect a CalFresh recipient household’s eligibility, reduce a household’s CalFresh benefits, or disqualify the applicant or recipient of CalFresh benefits from receiving other public benefits, including other utility benefits, for which it may qualify.

(d) (1) To the extent permitted by federal law, a CalFresh household that receives SUAS benefits in the month of application for new cases or in the previous 12 months for existing cases is entitled to use the full standard utility allowance for the purposes of calculating CalFresh benefits. A CalFresh household shall be entitled to use the full standard utility allowance regardless of whether the SUAS benefit actually is expended by the household.

(2) If use of the full standard utility allowance, instead of the homeless shelter deduction, results in a lower amount of CalFresh benefits for a homeless household, the homeless household shall be entitled to use the homeless shelter deduction instead of the full standard utility allowance.

(e) This section shall not be implemented until funds are appropriated for that purpose by the Legislature in the annual Budget Act or related legislation.

(f) This section shall become operative on July 1, 2014.

(Amended by Stats. 2015, Ch. 303, Sec. 639. (AB 731) Effective January 1, 2016.)

18901.25.
  

(a) There is hereby created the Safe Drinking Water Supplemental Benefit Pilot Program, a state-funded program to provide additional CalFresh nutrition benefits for interim assistance to purchase safe drinking water in areas where it is necessary.

(b) The State Department of Social Services shall use moneys allocated for this program to provide time-limited additional state-funded nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards, as defined in Section 116275 of the Health and Safety Code. Benefits shall be in addition to benefits provided for pursuant to Article 6 (commencing with Section 11450) of Chapter 2 of Part 3, and shall not be considered as income for any program established in this code.

(c) The department may use its own existing databases and databases from the State Water Resources Control Board to determine which CalFresh households are eligible to receive benefits pursuant to this section. The following households shall receive priority:

(1) CalFresh recipients served by persistently noncompliant public water systems in disadvantaged communities, as defined in Section 79505.5 of the Water Code, as determined by the location of the recipient’s residence.

(2) CalFresh recipients in communities deemed eligible for interim emergency drinking water benefits by the State Water Resources Control Board, as determined by the recipient’s residence.

(d) Benefits granted pursuant to this section shall be delivered through the electronic benefits transfer (EBT) system created pursuant to Sections 10072 and 10072.2.

(e) The benefits authorized pursuant to this section are not entitlement benefits. A county is required to comply with the provisions of this section only to the extent funding for this purpose is appropriated in the annual Budget Act and available to the county. A county shall not be required to expend county funds for the provision of benefits authorized under this section.

(f)  This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

(Added by Stats. 2017, Ch. 24, Sec. 53. (SB 89) Effective June 27, 2017. Inoperative July 1, 2020. Repealed as of January 1, 2021, by its own provisions.)

18901.3.
  

(a) Subject to the limitations of subdivision (b), pursuant to Section 115(d)(1)(A) of Public Law 104-193 (21 U.S.C. Sec. 862a(d)(1)(A)), California opts out of the provisions of Section 115(a)(2) of Public Law 104-193 (21 U.S.C. Sec. 862a(a)(2)). An individual convicted as an adult in state or federal court after December 31, 1997, including any plea of guilty or nolo contendere, of any offense classified as a felony that has as an element the possession, use, or distribution of a controlled substance, as defined in Section 102(6) of the federal Controlled Substances Act (21 U.S.C. Sec. 802(6)) or Division 10 (commencing with Section 11000) of the Health and Safety Code, shall be eligible to receive CalFresh benefits as provided for under this section.

(b) As a condition of eligibility to receive CalFresh benefits pursuant to subdivision (a), an applicant or recipient described in subdivision (a) who is on probation or parole shall comply with the terms of the probation or parole, including participation in a government-recognized drug treatment program, if required. If the county human services agency receives verification that the individual is in violation of probation or parole or that the individual is a fleeing felon pursuant to federal law, the individual shall be ineligible for CalFresh benefits under this section until the person is no longer in violation of probation or parole or a fleeing felon pursuant to federal law. Verification shall be obtained using existing county human services agency protocols to determine eligibility.

(c) This section shall become operative on April 1, 2015.

(Repealed (in Sec. 49) and added by Stats. 2014, Ch. 26, Sec. 50. (AB 1468) Effective June 20, 2014. Section operative April 1, 2015, by its own provisions.)

18901.4.
  

(a) Effective July 1, 2010, the department shall propose a Transitional Food Stamps for Foster Youth demonstration project under which independent foster care adolescents, as defined in Section 1905(w)(1) of the federal Social Security Act (42 U.S.C. Sec. 1396d(w)(1)) who are not eligible for CalWORKs or Supplemental Security Income program benefits, shall be eligible without regard to income or resources, subject to federal law authorizing demonstration projects pursuant to Section 2011 and following of Title 7 of the United States Code.

(b) An individual eligible for the program proposed pursuant to this section shall receive the maximum benefit amount allotted for a household size of one for the initial certification period, which shall remain constant for the entirety of the initial certification period. The food stamp case shall be established and maintained in the county of jurisdiction designated by the terminating foster care case.

(c) The demonstration project proposed pursuant to this section shall maximize access to benefits and minimize interim reporting requirements during the certification period.

(d) Not later than March 1, 2010, the department shall seek all necessary federal approvals to implement this section as a demonstration project for these beneficiaries. This section shall be implemented only to the extent that federal financial participation is available.

(e) The department shall implement this section by an all-county letter (ACL) or similar instruction from the director and shall adopt regulations as otherwise necessary to implement this section no later than January 1, 2011.

(Amended by Stats. 2011, Ch. 501, Sec. 22. (AB 6) Effective January 1, 2012.)

18901.5.
  

(a) The department shall establish a program of categorical eligibility for CalFresh in accordance with Section 5(a) of the federal Food and Nutrition Act of 2008 (7 U.S.C. Sec. 2014(a)), and implementing regulations, to improve nutrition and promote the retention and development of assets and resources for needy households who meet all other federal Supplemental Nutrition Assistance Program eligibility requirements. Categorical eligibility for CalFresh shall also apply to any individual who is a member of a household that will be receiving or is eligible to receive cash assistance under Part 5 (commencing with Section 17000), or eligible to receive food assistance under Chapter 10.1 (commencing with Section 18930).

(b) The director shall implement the program established pursuant to this section only with the appropriate federal authorization and if implementation would not result in the loss of federal financial participation.

(c) This section shall become operative on July 1, 2014.

(Repealed (in Sec. 82) and added by Stats. 2014, Ch. 29, Sec. 83. (SB 855) Effective June 20, 2014. Section operative July 1, 2014, by is own provisions.)

18901.55.
  

(a) If a county has entered into a memorandum of understanding pursuant to Section 49557.3 of the Education Code, the county shall use the procedure described in this section to determine CalFresh program eligibility for children whose information is shared with the county pursuant to Section 49557.3 of the Education Code, and, if the child is eligible, the county to enroll the child in the CalFresh program, upon receipt of a signed CalFresh program application.

(b) Upon receipt of information on the School Lunch Program application pursuant to this section for a pupil who is not already enrolled in the CalFresh program, the county shall treat the application as an application for the CalFresh program. For purposes of administration of the CalFresh program, the application date shall be the date that the application is received by the county human services department. If the county determines that the pupil is already enrolled in the CalFresh program, it shall not take any further action. Unless otherwise prohibited by federal law or regulation, for purposes of expedited service processing, a county shall request information necessary for processing an application at the first point of contact following receipt of information. If information is provided to determine whether the household meets the criteria for expedited service, the expedited timeframe processing timeframes shall apply from the point of first contact. For the processing of other households, the processing timeframes shall apply from the point at which the county has received sufficient information in order to process the application.

(c) If the county determines from information on the School Lunch Program application and supporting documents that the child or his or her family meets the income eligibility requirements for participation in the CalFresh program, the county shall notify the parent or guardian of the child that the child or his or her family has been found eligible for the CalFresh program.

(d) If the county is unable to determine from the information on the application whether the child or his or her family is eligible for the CalFresh program, the county shall contact the parent or guardian of the child to seek any additional information regarding income, household composition, or deductions that the county may determine to be necessary to complete the CalFresh program application. If the county determines that the child or his or her family does not meet the eligibility requirements for participation in the CalFresh program, the county shall notify the parent or guardian of the child of the determination.

(e) Each county shall request the parent or guardian of each child whom the county determines meets the eligibility requirements for participation in the CalFresh program under subdivision (c) to provide additional documentation as required by current law necessary for retention of eligibility in the CalFresh program.

(f) If a parent or guardian of a child does not provide the documentation required for retention of CalFresh program eligibility, as requested pursuant to subdivision (e), the county shall deny or discontinue CalFresh program benefits in accordance with existing regulations and laws.

(Added by Stats. 2011, Ch. 504, Sec. 3. (AB 402) Effective January 1, 2012.)

18901.6.
  

To the maximum extent allowable by federal law, each county welfare department shall provide transitional CalFresh benefits to households terminating their participation in the CalWORKs program.

(Amended by Stats. 2011, Ch. 227, Sec. 73. (AB 1400) Effective January 1, 2012.)

18901.7.
  

(a) To the extent allowable by federal law, the income, resources, and deductible expenses of any household member who is rendered ineligible for CalFresh benefits pursuant to Title IV of Public Law 104-193, and any amendments thereto, shall be excluded when calculating federal Supplemental Nutrition Assistance Program benefits administered in California as CalFresh, under this chapter.

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

(c) This section shall become operative on September 1, 1998.

(Amended by Stats. 2011, Ch. 227, Sec. 74. (AB 1400) Effective January 1, 2012.)

18901.8.
  

(a) To the extent permitted by federal law, and with receipt of necessary federal approvals, the State Department of Social Services, in conjunction with affected stakeholder groups, shall develop and implement, if otherwise feasible, a simplified and shorter application form for nonassistance CalFresh cases. The contents of this simpler form shall be evaluated for use in multiprogram application forms for the CalFresh, Medi-Cal, and CalWORKs programs. The department shall seek any federal approvals necessary for implementation of the form.

(b) The department shall not require any county to implement use of the form described in subdivision (a) until the county has been allowed sufficient time to reprogram its automated systems for the purpose of implementing the form.

(c) The department shall provide information on implementation, including a simplified form, to the appropriate legislative committees on or before July 1, 2001.

(Amended by Stats. 2011, Ch. 227, Sec. 75. (AB 1400) Effective January 1, 2012.)

18901.9.
  

(a) For the purpose of eligibility under this chapter, the rules governing the resource value of motor vehicles shall be aligned with an alternative program allowed under federal food stamp law.

(b) The department shall seek any federal approvals necessary to implement subdivision (a).

(c) If any federal approvals are necessary to implement subdivision (a), that subdivision shall be implemented only upon the execution of a declaration by the director, which shall be retained by the director, stating that any federal approvals necessary to implement subdivision (a) have been obtained.

(Added by Stats. 2003, Ch. 743, Sec. 4. Effective January 1, 2004.)

18901.10.
  

To the extent permitted by federal law, and subject to the limitation in subdivision (c), each county welfare department shall, if appropriate, exempt a household from complying with face-to-face interview requirements for purposes of determining eligibility at initial application and recertification, according to the following:

(a) The county welfare department shall screen each household’s need for exemption status at application and recertification.

(b) A person eligible for an exemption under this section may request a face-to-face interview to establish initial eligibility or to comply with recertification requirements .

(c) Nothing in this section shall limit a county’s ability to require an applicant or recipient to make a personal appearance at a county welfare department office if the applicant or recipient no longer qualifies for an exemption or for other good cause.

(Added by Stats. 2003, Ch. 743, Sec. 5. Effective January 1, 2004.)

18901.11.
  

(a) For purposes of Section 273.5(b)(11)(ii) of Title 7 of the Code of Federal Regulations, an educational program that could be a component of a CalFresh E&T program described in Section 18926.5, as identified by the department, shall be considered an employment and training program under Section 273.7 of Title 7 of the Code of Federal Regulations, unless prohibited by federal law.

(b) The department shall, in consultation with representatives of the office of the Chancellor of the California Community Colleges, offices of the Chancellor of the California State University, University of California Chancellors’ offices, the California Workforce Investment Board, county human services agencies, and advocates for students and clients, establish a protocol to identify and verify all potential exemptions to the eligibility rule described in Section 273.5(a) of Title 7 of the Code of Federal Regulations, and to identify and verify participation in educational programs, including, but not necessarily limited to, self-initiated placements, that would exempt a student from the eligibility rule described in Section 273.5(a) of Title 7 of the Code of Federal Regulations. To the extent possible, this consultation shall take place through existing workgroups convened by the department.

(c) The department shall maintain and regularly update the list of programs identified by the workgroup established pursuant to subdivision (b) because they meet the standard set in Section 273.5(b)(11) of Title 7 of the Code of Federal Regulations, which provides that a student is eligible for an exemption from the CalFresh program’s eligibility rules if the student’s attendance can be described as part of a program to increase the student’s employability.

(d) (1) The department shall issue and maintain instructions for county human services agencies to verify exemptions to the CalFresh student eligibility rules for students who participate in the programs identified pursuant to subdivision (c), students who are approved and anticipate participating in state or federal workstudy, or students who meet one of the qualifications for exemptions set forth in Section 69519.3 of the Education Code.

(2) For purposes of this subdivision, and to the extent allowed by federal law, a student shall be considered to be “anticipating participation” in workstudy if he or she can reasonably expect or foresee being assigned a workstudy job, and a student shall be deemed to be “anticipating participation” in workstudy until he or she receives notice from the institution of higher education that he or she has been denied participation in workstudy.

(e) (1) This section does not require a county human services agency to offer a particular component, support services, or workers’ compensation to a student found eligible for an exemption pursuant to this section.

(2) This section does not restrict or require the use of federal funds for the financing of CalFresh E&T programs.

(3) This section does not require a college or university to provide a student with information necessary to verify eligibility for CalFresh.

(Amended by Stats. 2017, Ch. 134, Sec. 4. (AB 214) Effective January 1, 2018.)

18902.
  

Each county welfare department shall carry out the local administrative responsibilities of this chapter, subject to the supervision of the department and to rules and regulations adopted by the department.

(Repealed and added by Stats. 1973, Ch. 1216.)

18902.5.
  

(a) In the administration of this chapter counties may conduct an early fraud prevention and detection program pursuant to this section.

(b) Funding for an early fraud prevention and detection program pursuant to Section 18906. 7 shall not be made to a county if the department determines that an early fraud prevention and detection program would not be cost-effective in that county.

(c) Funding for an early fraud prevention and detection program pursuant to Section 18906.6 shall not be available to a county until its operating plan for a program is approved by the department. No operating plan shall be approved by the department unless the plan contains assurances that the county will comply with the conditions specified in subdivision (d).

(d) Each county which operates an early fraud prevention and detection program shall be subject to all of the following conditions:

(1) No intimidation of applicants or recipients shall occur, either by referral or threat of referral for a fraud investigation.

(2) Applicants shall not be referred for a fraud investigation until after they have completed and signed the application for aid.

(3) The referral and investigation shall not delay the receipt of aid, including immediate need payments, for eligible applicants and recipients.

(4) Uniformed investigators shall not be used by any county welfare department for its fraud prevention program.

(5) The county welfare department shall abide by the confidentiality requirements in Section 10850 and the requirements and protections in the California Right to Financial Privacy Act under Chapter 20 (commencing with Section 7460) of Division 7 of Title 1 of the Government Code.

(6) The county shall make a referral for welfare fraud investigation when there is reason to believe that fraud exists. Fraud exists when a person, on behalf of himself or herself or others, has done any of the following:

(A) Knowingly, and with intent to deceive or defraud, made a false statement or representation to obtain benefits, to obtain a continuance or increase of benefits, or to avoid a reduction of benefits.

(B) Knowingly, and with intent to defraud, failed to disclose a fact which, if disclosed, could result in a denial, reduction, or discontinuance of benefits.

(C) Accepted benefits knowing he or she was not entitled to those benefits, or accepted any amount of benefits knowing the amount of benefits received was greater than the amount to which he or she was entitled.

(D) Made any statement which he or she did not know to be true with reckless disregard of the truth, for the purpose of obtaining, continuing, or avoiding a reduction or denial of benefits.

(7) The county shall make a referral for fraud investigation when there are reasonable grounds to believe that fraud, as specified in paragraph (6) exists. Reasonable grounds exist when one or more of the following criteria exists:

(A) An overpayment or overissuance of benefits, or both, may result from an applicant’s failure to report information pertinent to eligibility or benefits.

(B) A questionable situation exists and the applicant or third party acting on behalf of the applicant will not cooperate in providing necessary verification of information which would affect the applicant’s eligibility or the amount of benefits for which the applicant is eligible.

(C) The county welfare program staff person finds conflicting information which could affect the applicant’s eligibility or the amount of benefits for which the applicant is eligible, and any further action on the part of that staff person could jeopardize the investigator’s ability to investigate.

(D) The county is made aware of any situation involving the applicant that could involve embezzlement, collusion, conspiracy, trafficking, black marketing, or any other general program violations.

(E) The county is made aware of any situation in which the applicant may have forged, may have caused the forgery of, or is using a forgery of, any warrant or authorization to participate which has been negotiated.

(F) The county welfare program staff person has received an allegation of fraud with respect to the applicant from any governmental agency.

(G) The county has received a complaint containing facts which allege that a crime involving a public social services program, including, but not limited to, fraud, perjury, trafficking, or embezzlement may occur.

(Amended by Stats. 1991, Ch. 97, Sec. 22. Effective June 30, 1991.)

18903.
  

The department shall enter into and execute on behalf of the state all necessary agreements in connection with this chapter as may be required by the United States Government.

(Repealed and added by Stats. 1973, Ch. 1216.)

18904.
  

Regulations, orders or standards of general application to implement, interpret or make specific the law relating to this chapter shall be adopted, amended, or repealed only in accordance with Section 10554. The director shall also provide for the two methods as described in Section 18904.1.

(Amended by Stats. 1998, Ch. 902, Sec. 61. Effective January 1, 1999.)

18904.1.
  

(a) The director, to the extent permitted by federal law, shall establish methods for CalFresh benefit issuance in all counties which guarantee to low-income households the health-vital nutritional benefits available under this chapter and to achieve the most efficient system for program administration so as to minimize administrative costs.

(b) The director shall maintain methods for over-the-counter and mail issuance of CalFresh benefits in a county until issuance of CalFresh benefits by electronic benefits transfer for all CalFresh recipients in the county has been implemented pursuant to Chapter 3 (commencing with Section 10065) of Part 1.

(c) Until issuance of CalFresh benefits by electronic benefits transfer has been implemented in a county for all CalFresh recipients, the director shall maintain, in the county, methods for over-the-counter issuance that guarantee program accessibility in all cases where a household has been found to be in immediate need of food assistance or where a household has been determined to be eligible for the replacement of a previous issuance.

(Amended by Stats. 2011, Ch. 227, Sec. 76. (AB 1400) Effective January 1, 2012.)

18904.2.
  

The department may administer outreach programs and adopt rules and regulations requiring counties to conduct outreach programs to the extent permitted by federal law and eligible for federal financial participation.

(Amended by Stats. 1988, Ch. 689, Sec. 3.)

18904.25.
  

(a) Pursuant to the federal Stewart B. McKinney Homeless Assistance Act (Public Law 100-77), the department shall develop CalFresh information on expedited services targeted to the homeless population, including unaccompanied homeless children and youths, as those terms are defined in Section 11434a of Title 42 of the United States Code. The department shall also develop information on expedited services specified in Section 18914.5 for victims of domestic violence. This information shall be made available to homeless shelters, domestic violence shelters, emergency food programs, local educational agency liaisons for homeless children and youths, designated pursuant to Section 11432(g)(1)(J)(ii) of Title 42 of the United States Code, and other community agencies who provide services to people who are homeless.

(b) Each county human services agency shall annually offer training on CalFresh application procedures to homeless shelter operators. That training shall include eligibility criteria and specific information regarding the eligibility of unaccompanied homeless children and youths. In addition, each county human services agency, upon request, shall provide homeless shelters and domestic violence shelters with a supply of that portion of the CalFresh application used to request CalFresh expedited service.

(c) Upon receipt of a signed CalFresh application from an unaccompanied child or youth under 18 years of age, the county human services agency shall determine eligibility for CalFresh benefits, including making a determination of whether the child or youth is eligible to apply as a household of one or if he or she must apply with members of a household with whom he or she is regularly purchasing and preparing foods, and screen the application for entitlement to expedited service pursuant to Section 18914. If the application of the child or youth for CalFresh benefits is denied, the county human services agency shall provide the child or youth a written notice explaining the reason for the denial.

(Amended by Stats. 2016, Ch. 859, Sec. 1. (AB 2057) Effective January 1, 2017.)

18904.3.
  

(a) If a private nonprofit organization, public postsecondary educational institution, or other state or local agency secures funds for CalFresh outreach activities that are allowable for partial federal reimbursement, and complies with contracting requirements established in state and federal law, the department shall, subject to approval of the state’s outreach plan by the United States Department of Agriculture, act as the state entity for receipt of federal reimbursement on behalf of the organization, institution, or agency.

(b) Any reduction in federal funding to the state that is due to the result of any audit of CalFresh outreach contracts or activities shall be applied to the appropriate local government that served as the contracting agency for CalFresh outreach activities.

(Amended by Stats. 2016, Ch. 290, Sec. 3. (AB 1747) Effective January 1, 2017.)

18904.35.
  

Upon approval of a final plan for CalFresh outreach activities, in accordance with Section 18904.4, the department shall, in determining whether to request federal matching funds for a CalFresh outreach activity, give priority consideration to those activities that implement the final plan.

(Amended by Stats. 2011, Ch. 227, Sec. 79. (AB 1400) Effective January 1, 2012.)

18905.
  

In the event that the United States Department of Agriculture makes a final determination to reduce federal funding of the federal Supplemental Nutrition Assistance Program, administered in California as CalFresh, due to issuance errors or improper or inadequate county administration of the program, the county or counties responsible for such reduction shall be liable for the amount thereof in accordance with standards adopted by the Director of Social Services.

(Amended by Stats. 2011, Ch. 227, Sec. 80. (AB 1400) Effective January 1, 2012.)

18905.1.
  

The department shall not impose any additional requirements for verification of eligibility for expedited service other than those minimum requirements that exist under federal law.

(Amended by Stats. 1990, Ch. 443, Sec. 1.)

18906.
  

The department shall establish and maintain a plan whereby costs for county administration of CalFresh under this chapter will be effectively controlled within the amounts annually appropriated for such administration. The plan, to be known as the County Administrative Cost Control Plan, shall establish standards and performance criteria, including workload, productivity and support services standards, to which counties shall adhere. The plan shall be part of a single state plan, jointly developed by the department and the State Department of Health Care Services, for administrative cost control for the Aid to Families with Dependent Children (AFDC), CalFresh, and Medical Assistance (Medi-Cal) programs. Allocations shall be made to each county and shall be limited by and determined based upon the County Administrative Cost Control Plan. In administering the plan to control county administrative costs, the department shall not allocate state funds to cover county cost overruns which result from county failure to meet requirements of the plan. The department and the State Department of Health Care Services shall budget, administer, and allocate state funds for county administration in a uniform and consistent manner.

(Amended by Stats. 2011, Ch. 227, Sec. 81. (AB 1400) Effective January 1, 2012.)

18906.5.
  

(a) The state shall pay 70 percent of the nonfederal costs of administering the federal Supplemental Nutrition Assistance Program, administered in California as CalFresh, subject to Sections 18906 and 18906.7. The counties shall pay the remaining share of the nonfederal costs.

(b) The state shall pay 85 percent of the nonfederal share of the costs of AFDC fraud investigation subject to Section 15204.5. The counties shall pay the remaining share of the nonfederal costs.

(Amended by Stats. 2011, Ch. 227, Sec. 82. (AB 1400) Effective January 1, 2012.)

18906.55.
  

(a) (1) Notwithstanding Section 18906.5 or any other law, as a result of the substantial fiscal pressures on counties created by the unprecedented and unanticipated CalFresh caseload growth associated with the economic downturn beginning in 2008, and in order to provide fiscal relief to counties as a result of this growth, a county that meets the maintenance of effort requirement pursuant to Section 15204.4 entirely through expenditures for the administration of CalFresh in the 2010–11, 2011–12, 2012–13, 2013–14, and 2014–15 fiscal years shall receive the full General Fund allocation for administration of CalFresh without paying the county’s share of the nonfederal costs for the amount above the maintenance of effort required by Section 15204.4.

(2) For the 2015–16, 2016–17, and 2017–18 fiscal years, the waived portion of each county’s share of the nonfederal costs for the amount above the maintenance of effort required by Section 15204.4 shall be reduced incrementally, so that there will be no waiver of the county’s share in the 2018–19 fiscal year and each fiscal year thereafter. The waived portion of the county’s share shall be 75 percent in the 2015–16 fiscal year, 50 percent in the 2016–17 fiscal year, and 25 percent in the 2017–18 fiscal year of the amount above the maintenance of effort required by Section 15204.4 that would be required to access the county’s full General Fund allocation for administration of CalFresh from the state. Once a county satisfies its maintenance of effort obligation under Section 15204.4, the department shall grant the county access to the state funds for which the match is waived. Any county that expends funds in excess of the amount required to meet the maintenance of effort required by Section 15204.4 in the 2015–16, 2016–17, and 2017–18 fiscal years shall receive the amount of General Fund moneys that the county would have otherwise received based on the nonfederal sharing ratios in Section 18906.5, up to the county’s full General Fund allocation for that fiscal year.

(b) The full General Fund allocation for administration of CalFresh pursuant to subdivision (a) shall equal 35 percent of the total federal and nonfederal projected funding need for administration of CalFresh. The methodology used for calculating those projections shall remain the same as it was for the 2009–10 fiscal year for as long as this section remains in effect.

(c)  Relief to the county share of administrative costs authorized by this section shall not result in any increased cost to the General Fund as determined in subdivision (b).

(d) Subdivision (a) shall not be interpreted to prevent a county from expending funds in excess of the amount required to meet the maintenance of effort required by Section 15204.4.

(e) This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.

(Amended by Stats. 2014, Ch. 29, Sec. 84. (SB 855) Effective June 20, 2014. Inoperative July 1, 2018. Repealed as of January 1, 2019, by its own provisions.)

18906.6.
  

At the time the United States Department of Agriculture allows the state to retain a portion of the value of any claims collected, the state shall retain 50 percent of this portion. The remaining 50 percent shall be distributed by the State Department of Social Services to the counties based upon the amount of claims collected by each county.

(Added by Stats. 1981, Ch. 579, Sec. 1.)

18906.7.
  

The state shall pay 100 percent of the nonfederal costs of administering an early fraud prevention and detection program in the administration of this chapter, established pursuant to subdivision (a) of Section 18902.5, subject to Section 18906.

(Repealed and added by Stats. 1991, Ch. 97, Sec. 24. Effective June 30, 1991.)

18906.8.
  

Subject to Section 18906, the state may pay 100 percent of the nonfederal administrative costs, when cost-effective, as determined by the state, of followup activities in the Income Eligibility and Verification System for recipients.

(Added by Stats. 1993, Ch. 69, Sec. 63. Effective June 30, 1993.)

18907.
  

In the determination of eligibility for CalFresh, there shall be no discrimination against any household by reason of marital status, political belief, or any characteristic listed or defined in Section 11135 of the Government Code to the extent not in conflict with federal law.

(Amended by Stats. 2011, Ch. 227, Sec. 84. (AB 1400) Effective January 1, 2012.)

18908.
  

Except as provided in Section 18904.1, federal supplemental security income benefits, state supplemental security program benefits, public assistance, and county aid benefits shall not be reduced as a consequence of the receipt of CalFresh benefits under this chapter, to the extent permitted by federal law.

(Amended by Stats. 2011, Ch. 227, Sec. 85. (AB 1400) Effective January 1, 2012.)

18909.
  

Section 10850, relating to disclosure of information regarding public assistance recipients, shall apply to information obtained under this chapter.

(Amended by Stats. 1983, Ch. 101, Sec. 176.)

18910.
  

(a) To the extent permitted by federal law, regulations, waivers, and directives, the department shall implement the prospective budgeting, semiannual reporting system provided in Sections 11265.1, 11265.2, and 11265.3, and related provisions, regarding CalFresh, in a cost-effective manner that promotes compatibility between the CalWORKs program and CalFresh, and minimizes the potential for payment errors.

(b) For CalFresh recipients who also are Medi-Cal beneficiaries and who are subject to the Medi-Cal midyear status reporting requirements, counties shall seek to align the timing of reports required under this section with midyear status reports required by the Medi-Cal program. This subdivision does not apply to CalFresh households in which all adult members are elderly or disabled members, as defined in Section 271.2 of Title 7 of the Code of Federal Regulations, and in which the household has no earned income.

(c) The department shall seek all necessary waivers from the United States Department of Agriculture to implement subdivision (a).

(d) Counties may establish staggered, semiannual reporting cycles for individual households, based on factors established or approved by the department, provided the semiannual reporting cycle is aligned with the certification period; however, all households within a county must be transitioned to a semiannual reporting system simultaneously. Up to and until the establishment of a countywide semiannual reporting system, a county shall operate a quarterly system, as established by law and regulation.

(e) The requirement of subdivision (e) of Section 11265.1 shall apply to the implementation of this section.

(f) (1) This section shall become operative on April 1, 2013. A county shall implement the semiannual reporting requirements in accordance with the act that added this section no later than October 1, 2013.

(2) Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.

(3) Upon filing the certificate described in paragraph (2), a county shall comply with the semiannual reporting provisions of this section.

(g) (1) It is the intent of the Legislature that, due to the establishment of a semiannual reporting cycle, change reporting no longer be imposed on certain households that were exempt from quarterly reporting pursuant to federal law. To that end, the department shall work with county human services agencies, client advocates, and the Statewide Automated Welfare System to eliminate change reporting for all households no later than January 1, 2017.

(2) For the purposes of this subdivision, “change reporting” means the reporting requirements imposed on households designated as certified change reporting households pursuant to Section 273.12(a) of Title 7 of the Code of Federal Regulations.

(Amended by Stats. 2015, Ch. 20, Sec. 54. (SB 79) Effective June 24, 2015.)

18910.1.
  

All CalFresh households shall be assigned certification periods that are the maximum number of months allowable under federal law for the household type unless a county is complying with subdivision (b) of Section 18910 or, on a case-by-case basis only, the household’s individual circumstances require a shorter certification period.

(Amended by Stats. 2016, Ch. 25, Sec. 30. (AB 1603) Effective June 27, 2016.)

18911.
  

(a) An application and an authorization for participation in CalFresh shall be processed within a period of not more than 30 days from the date of application.

(b) The department shall develop written information that describes the eligibility and verification requirements for expedited service, the process for applying for those benefits, and the availability of assistance in filling out the forms and gathering needed documentation.

(c) Each county human services agency shall make the material developed pursuant to subdivision (b) available to each applicant at the time the applicant initially seeks CalFresh benefits.

(d) Each county human services agency shall, upon request, make available the information developed pursuant to subdivision (b) to community action agencies, legal services offices, emergency food programs, and other community programs.

(e) (1) Each county human services agency shall, except as specified in paragraph (2), compile a list of emergency food providers in the area served by the local CalFresh office. The list shall be updated, based on information from the emergency food providers. The list shall be made available upon request, and, where needed, may be used to refer individuals to emergency food sites that may be able to provide assistance.

(2) A county human services agency may elect to refer a CalFresh applicant or recipient to the 2-1-1 dial code to access information on emergency food providers and supplemental food assistance providers, including child nutrition programs, in lieu of providing a list pursuant to paragraph (1) if the county deems that method to be the most appropriate to serve an applicant or recipient.

(f) Each county human services agency shall make available to CalFresh applicants, upon request, nonpromotional information that contains addresses and phone numbers of local legal services and welfare rights organizations.

(Amended by Stats. 2017, Ch. 68, Sec. 2. (AB 323) Effective January 1, 2018.)

18912.
  

(a) Each county welfare department shall orally inform each applicant of the availability of expedited service and assistance in filling out the application.

(b) Each county welfare department shall assist an applicant, upon request of the applicant, in filling out forms and completing the application process for expedited service.

(Amended by Stats. 1990, Ch. 443, Sec. 2.)

18913.
  

The department shall collect, quarterly, expedited service data, on a county-by-county basis, of the number of applications and the disposition of the applications, and shall publish those statistics quarterly.

(Amended by Stats. 1990, Ch. 443, Sec. 3.)

18914.
  

(a) In accordance with, and to the extent provided by, federal law, the county human services agency shall provide CalFresh benefits on an expedited basis as provided in subdivision (b) to households determined to be in immediate need of food assistance.

(b) Pursuant to the federal requirements of Section 273.2(i)(2) of Title 7 of the Code of Federal Regulations, the county human services agency shall screen all CalFresh applications for entitlement to expedited service. Applicants who meet the federal criteria for expedited service as defined in Section 273.2(i)(1) of Title 7 of the Code of Federal Regulations shall receive either a manual authorization to participate or automated card or the immediate issuance of CalFresh benefits no later than the third day following the date the application was filed. To the maximum extent permitted by federal law, the amount of income to be received from any source shall be deemed to be uncertain and exempt from consideration in the determination of entitlement for expedited service. For purposes of this subdivision, a weekend shall be considered one calendar day.

(c) The State Department of Social Services shall develop and implement for expedited issuance a uniform procedure for verifying information required of an applicant.

(Amended (as amended by Stats. 2011, Ch. 227, Sec. 88) by Stats. 2012, Ch. 468, Sec. 1. (AB 1359) Effective January 1, 2013.)

18914.5.
  

(a) To the extent permitted by federal law, regulations, waivers, and directives, a resident of, or an individual on a waiting list to get into, a shelter for battered women and children who is currently included in a certified household that also contains the abuser, may apply for and, if otherwise eligible, shall be entitled to expedited services of an additional allotment of CalFresh benefits as a separate household.

(b) For purposes of this section, “shelter for battered women and children” has the same meaning as provided in Section 271.2 of Title 7 of the Code of Federal Regulations.

(Added by Stats. 2016, Ch. 859, Sec. 2. (AB 2057) Effective January 1, 2017.)

18915.
  

All applications and public information materials shall be available to potential, present, and past CalFresh recipients in each county in Spanish as well as English plus any other non-English language prevalent in each county. It shall be within the discretion of the director to designate such other prevalent non-English languages.

(Amended by Stats. 2011, Ch. 227, Sec. 90. (AB 1400) Effective January 1, 2012.)

18916.
  

The board of supervisors of each county shall have the authority to request from the United States Department of Agriculture the simultaneous operation of the federally donated foods program under the Disaster Act of 1970 as amended and any other enabling federal law.

(Added by Stats. 1973, Ch. 1216.)

18917.
  

(a) (1) The department, in consultation with stakeholders, shall identify the necessary elements of a county disaster plan, and shall issue guidance to county human services agencies informing them of the obligations to submit a disaster plan pursuant to paragraph (2), and of the necessary elements that shall be included in the plan.

(2) A county human services agency shall annually submit to the department a disaster plan that includes the creation of mutual aid regions consisting of two or more counties to ensure there are sufficient resources necessary to continue adequate access to benefits during a disaster. The disaster plan shall include elements specified in paragraph (1).

(b) The department shall offer training on Disaster CalFresh to county human services agencies and organizations, institutions, and agencies receiving federal reimbursements pursuant to Section 18904.3.

(c) The department shall maintain updated Disaster CalFresh materials, including, but not limited to, state and county disaster plans, Disaster CalFresh applications, the Disaster CalFresh Internet Web site, and a Disaster CalFresh outreach flyer in all required languages.

(d) If the President of the United States issues a major disaster declaration for individual assistance, the department and the county human services agency shall request to operate a federal Disaster Supplemental Nutrition Assistance Program (D-SNAP) for the regions affected by the major disaster. The request shall include a waiver request to provide automatic, mass replacement benefits to eligible households and a waiver request to allow households to purchase hot, prepared foods at authorized retailers with their benefits.

(e) It is the intent of the Legislature that the department shall maximize the capacity of counties to maintain timely, adequate, and safe access to all applicable benefits during a disaster. In order to ensure that disaster victims are not required to travel through dangerous routes to apply for, and to receive their electronic benefit transfer (EBT) card to access, Disaster CalFresh or replacement benefits, the department shall do both of the following:

(1) If requested by an affected county, provide to the county and its contracted county consortium staff support necessary for out-stationed application intake locations to support timely, adequate, and safe access to Disaster CalFresh during or following a disaster.

(2) Maintain and make available to affected counties, free of charge, technology and equipment to support the mobile issuance of EBT cards to recipients of Disaster CalFresh or replacement benefits.

(Added by Stats. 2017, Ch. 501, Sec. 6. (AB 607) Effective January 1, 2018.)

18918.
  

Not later than January 15, 2001, the State Department of Social Services, in conjunction with the State Department of Public Health and appropriate stakeholders, shall develop and submit to the Legislature a community outreach and education campaign to help families learn about, and apply for, the federal Supplemental Nutrition Assistance Program, administered in California as CalFresh, and the California Food Assistance Program. At a minimum, the plan shall include the following:

(a) Specific milestones and objectives proposed to be completed for the upcoming year and their anticipated cost.

(b) A general description of each strategy or method to be used for outreach.

(c) Geographic areas and special populations to be targeted, if any, and why the special targeting is needed.

(d) Coordination with other state or county education and outreach efforts.

(e) The results of previous years’ outreach efforts.

(1) If necessary to obtain federal financial participation the CalFresh outreach plan shall be submitted to the United States Department of Agriculture not later than January 15, 2001. The state share of the funding shall be subject to appropriation in the annual Budget Act and may be funded through the General Fund or other state or local funding sources, as appropriate.

(2) After submission of the initial plan, it shall be updated annually and submitted to the Legislature by April 1 for the following year.

(Amended by Stats. 2011, Ch. 227, Sec. 91. (AB 1400) Effective January 1, 2012.)

18919.
  

(a) 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 shall issue an annual all-county letter providing guidance that lists which counties or regions are eligible to participate in the Restaurant Meals Program (RMP) because they meet the requirements established in Section 4014 of the federal Agricultural Act of 2014 (Public Law 113-79). The department’s all-county letter shall include instructions for how a county may choose to participate in RMP or appeal a noneligible determination by the department.

(b) The department shall design the electronic benefits transfer (EBT) system established pursuant to Chapter 3 (commencing with Section 10065) of Part 1 to, automatically and upon issuance of an EBT card, allow all CalFresh recipients who are eligible for RMP to utilize their benefits in all restaurants that have been approved to participate in RMP.

(c) Except for direct farm purchasing programs or where otherwise not required at a certified farmer’s market, a restaurant shall not operate as a vendor in the program unless the restaurant permits customers to make in-store purchases, maintains a current public health license, and complies with all federal, state, and local health and safety laws, regulations, and ordinances. For the purpose of this section, “in-store purchase” means any purchase that is not delivered to the purchaser.

(d) To the extent permitted by federal law, nothing shall preclude a county that elects to participate in RMP from determining the number, type, and location of restaurants the county may choose to include as vendors to align with county administrative capacity or other factors, including, but not limited to, location of participating restaurants and recipient demand.

(Added by Stats. 2017, Ch. 355, Sec. 4. (SB 282) Effective January 1, 2018.)

18920.
  

(a) Notwithstanding any other law, an agreement between the department and a unit of local government, any other unit of state government, or a nonprofit organization that provides for a contract relating to either of the following is and shall be deemed a “cooperative agreement,” as defined in subdivision (a) of Section 38072 of the Health and Safety Code:

(1) Outreach programs related to CalFresh.

(2) The Supplemental Nutrition Assistance Program: Nutrition Education and Obesity Prevention Grant Program.

(b) Notwithstanding subdivision (b) of Section 38072 of the Health and Safety Code, for purposes of Chapter 1 (commencing with Section 38070) of Division 25.2 of the Health and Safety Code, any reference to the term “department” in those provisions shall refer to the State Department of Social Services for purposes of an agreement described in subdivision (a).

(c) In addition to the authority granted the department in subdivision (a) of Section 38081.1 of the Health and Safety Code, a change of subcontracts shall not be subject to review and approval by the Department of General Services pursuant to Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code.

(d) The Legislature finds and declares that this section shall be applied retroactively to currently executed agreements that are described in subdivision (a).

(Added by Stats. 2016, Ch. 25, Sec. 31. (AB 1603) Effective June 27, 2016.)

18923.
  

(a) The State Department of Social Services shall submit a request to the United States Department of Agriculture for a waiver to permit a CalFresh household to retain funds in the restricted savings account as specified in subdivision (a) of Section 11155.2 and as accumulated while participating in the Aid to Families with Dependent Children program. The participation requirements for this specific savings account as specified in subdivision (a) of Section 11155.2 shall apply to CalFresh. Penalties for nonqualifying withdrawal of these funds shall result in a calculation of a period of ineligibility for all persons in the CalFresh household, to be determined by dividing the balance in the account immediately prior to the withdrawal by the CalFresh allotment to which the household is entitled. The resulting whole number shall be the number of months of ineligibility. The period of ineligibility may be reduced when the divisor, which is the CalFresh allotment, increases as a result of a cost-of-living adjustment.

(b) The director may waive, with federal approval, the enforcement of specific federal Supplemental Nutrition Assistance Program requirements, regulations, and standards necessary to implement this provision.

(Amended by Stats. 2011, Ch. 227, Sec. 92. (AB 1400) Effective January 1, 2012.)

18924.
  

(a) To the extent permitted by federal law, waiver, demonstration project, or other federal authority, the department shall allow counties to utilize existing information maintained by the federal Social Security Administration regarding low-income social security benefit recipients, to simplify enrollment into the CalFresh program administered pursuant to this chapter, provided that an interested county has either the existing capacity to receive that information, or the ability to adapt its existing automation systems without significant changes or costs to the state or county.

(b) The department shall support enrollment efforts pursuant to this section by doing all of the following:

(1) Working with the Social Security Administration to target social security recipients 60 years of age and older whose income and other factors are likely to qualify them for aid through CalFresh.

(2) Developing a streamlined application and simplified enrollment process for likely eligible recipients, which may include strategies used by other states to reduce paperwork and increase federal nutrition benefits, including, but not limited to, self-certification of key eligibility factors, standardization of benefits and deductions, and automation of the application process.

(3) Seeking waivers, grants, or other federal authority and support necessary to implement this section.

(c) This section shall become operative on July 1, 2012.

(Added by Stats. 2011, Ch. 502, Sec. 2. (AB 69) Effective January 1, 2012. Section operative July 1, 2012, by its own provisions.)

18925.
  

(a) The State Department of Health Care Services, in conjunction with the State Department of Social Services, shall implement a simplified eligibility process as part of CalFresh to expedite Medi-Cal program and Healthy Families Program enrollment for CalFresh recipients, including children and their eligible parents or caretaker relatives who are not enrolled in those programs.

(b) Each county welfare department shall develop a data list of family members residing in eligible CalFresh households who are not enrolled in the Medi-Cal program or the Healthy Families Program.

(c) The county welfare department shall develop a notice informing individuals identified pursuant to subdivision (b) that they may be entitled to receive benefits under the Medi-Cal program or the Healthy Families Program.

(d) At the time of the CalFresh household’s annual recertification, the county welfare department shall send the notice specified in subdivision (c) to the individuals identified in subdivision (b). The notice shall include a request for permission to use the information in the CalFresh recipient’s case file to make a determination of eligibility for the Medi-Cal program and the Healthy Families Program.

(e) The notice shall be written in culturally and linguistically appropriate language and at an appropriate literacy level. The notice shall include information on the Medi-Cal program and the Healthy Families Program, and a telephone number that CalFresh recipients may call for additional information.

(f) To apply for medical assistance under the Medi-Cal program, the CalFresh recipient shall sign, date, and return the notice requesting that an eligibility determination be made. Upon receipt of the notice, the county welfare department shall make an eligibility determination by utilizing the information in the CalFresh recipient’s case file or paper application. The Medi-Cal application date shall be the date the notice is received by the county welfare department. If the CalFresh case file does not include sufficient information to establish Medi-Cal program eligibility, the county welfare department shall request, either orally or in writing, additional information from the CalFresh recipient.

(g) If the CalFresh recipient is determined to be eligible to participate in the Medi-Cal program with a share of cost, or is determined to be ineligible for Medi-Cal, information pertinent to the CalFresh recipient’s eligibility for the Healthy Families Program shall be forwarded by the county welfare department to the Healthy Families Program statewide administrator for immediate processing. If there is insufficient information to establish Healthy Families Program eligibility, the administrator shall request, either orally or in writing, additional information from the CalFresh recipient.

(h) Counties shall include the cost of implementing this section in their annual administrative budget requests to the State Department of Health Care Services.

(i) This section shall be implemented on or after July 1, 2003, but only to the extent federal financial participation is available.

(Amended by Stats. 2011, Ch. 227, Sec. 93. (AB 1400) Effective January 1, 2012.)

18926.
  

(a) To the extent permitted by federal law, the department shall annually seek a federal waiver of the existing federal Supplemental Nutrition Assistance Program limitation that stipulates that an able-bodied adult without dependents (ABAWD) participant is limited to three months of CalFresh benefits in a three-year period unless that participant has met the work participation requirement or is otherwise exempt.

(b) All eligible counties shall be included in and bound by this waiver.

(c) At its option, when a county is not eligible for a countywide waiver, a county may request that the department apply for the waiver described in subdivision (a) for one or more eligible subareas of the county. The department shall seek the subarea waiver within a reasonable time frame following a request made by a county, and may seek any necessary information from the county to support the waiver request.

(Amended by Stats. 2017, Ch. 24, Sec. 54. (SB 89) Effective June 27, 2017.)

18926.1.
  

(a) To the extent not prohibited by federal law and guidance, the department shall ensure that all recipients subject to the federal ABAWD time limit described in Section 18926 are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution that the recipient chooses, if the county can verify the hours of participation using the process established by the department pursuant to subdivision (b).

(b) On or before January 1, 2018, the department, with input from the County Welfare Directors Association and advocates for CalFresh recipients, shall issue an all-county letter instructing counties as to how to verify hours of the volunteer work specified in subdivision (a).

(Added by Stats. 2017, Ch. 24, Sec. 55. (SB 89) Effective June 27, 2017.)

18926.2.
  

To the extent not prohibited by federal law and guidance, a recipient who is homeless shall be deemed to be exempt from the federal ABAWD time limit described in Section 18926. For purposes of this section, a recipient who is homeless is a person who does not have a regular nighttime residence.

(Added by Stats. 2017, Ch. 24, Sec. 56. (SB 89) Effective June 27, 2017.)

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, CalFresh E&T. If deferred, a CalFresh work registrant may request to enroll in CalFresh E&T as a voluntary participant. An individual shall be deferred from a mandatory placement in CalFresh E&T 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, if he or she 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.

(2) For purposes of this section, “deferred” has the same meaning as exempt.

(c) (1) A county participating in CalFresh E&T 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 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) The support services or client reimbursements needed to participate in subparagraphs (A) to (I), inclusive, as allowed by federal and state law and guidance.

(2) This section does not 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) 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.

(f) This section does not restrict the use of federal funds for the financing of CalFresh E&T programs.

(g) This section does not 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 not an employee for the purposes of workers’ compensation coverage, and a county has 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) 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 department shall adopt regulations to implement this section by January 1, 2019.

(Amended by Stats. 2017, Ch. 355, Sec. 5.5. (SB 282) Effective January 1, 2018.)

18926.6.
  

In a county that elects to participate in the CalFresh E&T program, a veteran applying for CalFresh benefits who is required to register to work, but who is exempt from mandatory placement in the CalFresh E&T program pursuant to Section 18926.5, shall be given the opportunity to participate as a volunteer in the CalFresh E&T program, and shall be provided with a referral to the local county veterans service office and a referral to veterans’ assistance and job training agencies, if those veterans’ assistance and job training agencies are known to the county.

(Added by Stats. 2013, Ch. 283, Sec. 3. (SB 134) Effective January 1, 2014.)

18926.7.
  

(a) (1) To the extent permitted under federal law, the department may contract directly with an entity that provides services on a regional or statewide basis and that has expertise in, and secures funds for, CalFresh E&T program services provided to participants that are allowable for partial federal reimbursement.

(2) The department may act as the state entity for receipt of federal reimbursement on behalf of the entity, provided that the entity complies with state and federal contracting requirements and the entity serves participants who face multiple barriers to employment and offers evidence-based skills development that results in a demonstrable increase in employment rates and earnings from work. The entity may include, but is not limited to, any of the following:

(A) An employment social enterprise.

(B) A private nonprofit.

(C) A public postsecondary educational institution, or other state or local agency.

(D) An organization serving as an intermediary for an entity described in subparagraphs (A) to (C), inclusive, and the department.

(b) The department shall seek any county consultation necessary to implement subdivision (a), including, but not limited to, coordination with counties that have contracts in place pursuant to subdivision (c), or who are considering entering into contracts pursuant to subdivision (c).

(c) Notwithstanding subdivision (a), a county may contract with an employment social enterprise or designated intermediary to provide services to its CalFresh E&T program participants. The department shall, no later than June 1, 2018, in consultation with the County Welfare Directors Association, issue guidance instructing counties that elect to participate in CalFresh E&T program services of any special considerations for partnering with employment social enterprises in the development or implementation of their county CalFresh E&T programs.

(d) (1) For purposes of this section, “employment social enterprise” means a social purpose corporation, a benefit corporation, or a nonprofit corporation that earns 51 percent or more of its enterprise revenue from production or assembly of goods or the provision of services and that demonstrates evidence of its mission to provide employment with on-the-job and life skills training to a direct labor force, not including supervisors, administrators, and trainers, that is comprised of 80 percent or more participants who face multiple barriers to employment.

(2) For purposes of this section, “participant who faces multiple barriers to employment” means an individual who meets at least two of the following:

(A) An individual with employment barriers, as defined in subdivision (j) of Section 14005 of the Unemployment Insurance Code.

(B) An individual who is or has been a homeless individual, as defined in Section 254b of Title 42 of the United States Code.

(C) An individual who is an out-of-school youth, as defined in Section 3164(a)(1)(B) of Title 29 of the United States Code.

(Added by Stats. 2017, Ch. 340, Sec. 2. (AB 415) Effective January 1, 2018.)

18927.
  

(a) Current and future CalFresh benefits shall be reduced in accordance with subdivisions (c) and (d) to recover an overissuance caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, fraud, or inadvertent household error.

(b) Current and future CalFresh benefits shall be reduced in accordance with subdivisions (c) and (d) to recover an overissuance caused by administrative error if required by federal law or if the overissuance exceeds one hundred twenty-five dollars ($125) or the threshold established pursuant to subdivision (h), whichever is greater.

(c) A household’s CalFresh benefits shall not be reduced to recover an overissuance as required or authorized by subdivision (a) or (b) unless the household receives adequate and timely notice of the overissuance, including, but not limited to, the budget worksheet that includes the amount and calculation of the overissuance and the reason for the overissuance.

(d) (1) In recovering an overissuance caused by administrative error, a recipient household’s monthly CalFresh benefits shall not be reduced by more than 5 percent of the household’s monthly CalFresh benefits or ten dollars ($10), whichever is greater, unless the recipient elects for the benefits to be reduced at a higher rate.

(2) In recovering an overissuance caused by inadvertent household error, a recipient household’s monthly CalFresh benefits shall not be reduced by more than 10 percent of the household’s monthly CalFresh benefits or ten dollars ($10), whichever is greater.

(3) In recovering an overissuance caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, or fraud, a recipient household’s monthly CalFresh benefits shall be reduced by 20 percent of the household’s monthly CalFresh benefit or twenty dollars ($20), whichever is greater.

(e) If a household is no longer receiving CalFresh benefits, a CalFresh overissuance caused by administrative error shall not be established, and collection shall not be attempted, if the overissuance is less than one hundred twenty-five dollars ($125) or the threshold established pursuant to subdivision (h), whichever is greater.

(f) If a household is no longer receiving CalFresh benefits, collection shall be attempted if the overissuance is caused by inadvertent household error and the overissuance is thirty-five dollars ($35) or more. All overissuances caused by intentional program violation, as defined in subdivision (c) of Section 273.16 of Title 7 of the Code of Federal Regulations, or fraud shall be collected as required by federal law.

(g) When an overissuance collection is attempted, reasonable cost-effective methods of collection shall be implemented. The department shall define reasonable cost-effective collection methods, which shall include adequate and timely notice of the overissuance, including, but not limited to, all of the following:

(1) The amount and calculation of, and reason for, the overissuance.

(2) A statement of the monetary threshold described in this subdivision.

(3) Information about how to appeal the overissuance.

(4) Instructions for timely commencement of repayment.

(5) Consequences of delinquent payment.

(h) (1) No later than January 1, 2019, the department shall finalize an analysis and make a determination as to whether it has adequate information to set a minimum statewide cost-effective threshold for collecting CalFresh overissuances from former CalFresh recipients that are caused by administrative error that is higher than the threshold established by subdivision (e).

(2) Notwithstanding Section 10231.5 of the Government Code, if, upon finalization of the analysis, the department determines that it does not have adequate information to set a minimum statewide cost-effective threshold for collecting CalFresh overissuances, the department shall submit a report to the Legislature within three months of finalizing the analysis detailing the results of the analysis, as well as the data, methodology, and criteria used to reach the conclusions of the analysis. The report shall be submitted in compliance with Section 9795 of the Government Code.

(3) If, at any time, the department determines that there is adequate information to set a statewide minimum cost-effective threshold greater than the threshold set in subdivision (e), that greater threshold shall be included in the state’s claims management plan submitted for approval by the United States Department of Agriculture (USDA), Food and Nutrition Service (FNS).

(4) The department shall establish a minimum statewide cost-effective threshold for collecting CalFresh overissuances from former CalFresh recipients that are caused by administrative error that is higher than the threshold set in subdivision (e), if a higher minimum cost-effective threshold has been included in the state’s claims management plan and that plan has been approved by the USDA FNS.

(i) Nothing in this section shall prevent a county from writing off or terminating an overissuance claim when it meets the provisions of paragraph (8) of subdivision (e) of Section 273.18 of Title 7 of the Code of Federal Regulations.

(j) Nothing in this section shall prevent a county or the state from collecting all overissuances that are identified during a quality control review, as required by Section 275.12 of Title 7 of the Code of Federal Regulations.

(k) 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 through all-county letters or similar instructions from the director no later than January 1, 2014, to allow for automation updates required by this section to be made in coordination with other scheduled updates.

(Amended by Stats. 2017, Ch. 388, Sec. 1. (SB 278) Effective January 1, 2018.)

18927.5.
  

(a) A county human services agency shall notify the department when a mass overissuance has been identified, and include information in the notification as to whether the mass overissuance is known to have been caused by either of the following:

(1) Negligence or fraud on the part of the county human services agency in the certification of applicant households, as defined by subdivision (h) of Section 2020 of Title 7 of the United States Code.

(2) A major systemic error by the state or county human services agency, as defined by paragraph (5) of subdivision (b) of Section 2022 of Title 7 of the United States Code.

(b) For purposes of this section, “mass overissuance” means an overissuance that is caused by the same action or inaction and impacts either 8 percent of the county CalFresh caseload, or more than 1,000 CalFresh households within the county, whichever is greater.

(c) The department shall report mass overissuances to the United States Department of Agriculture, Food and Nutrition Service, as required by federal law and guidance.

(Added by Stats. 2017, Ch. 388, Sec. 2. (SB 278) Effective January 1, 2018.)

18928.
  

For the purpose of maximizing the anti-hunger impact of Section 66027.8 of the Education Code, the department shall consult with stakeholders, including legislative staff, representatives of counties, CalFresh eligibility workers, representatives from each segment of public postsecondary education, advocates for CalFresh recipients, and other stakeholders as identified by the department, with the goals of improving coordination between the segments of public postsecondary education and CALFresh administering agencies and improving access to CalFresh for low-income public postsecondary students. To the extent possible, this consultation shall take place through existing workgroups convened by the department.

(Added by Stats. 2018, Ch. 33, Sec. 63. (AB 1809) Effective June 27, 2018.)

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