Today's Law As Amended


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AB-433 Food Stamp Program: categorical eligibility.(2007-2008)



As Amends the Law Today


SECTION 1.

 Section 18900.1 is added to the Welfare and Institutions Code, to read:

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.

SEC. 2.

 Section 18901.5 of the Welfare and Institutions Code is amended to read:

18901.5.
 (a) The department shall establish a program of categorical eligibility for CalFresh  food stamps  in accordance with Section 5(a) of the federal Food and Nutrition  Stamp  Act of 2008 1977  (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  Food Stamp  Program eligibility requirements. Categorical eligibility for CalFresh  food stamps  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. 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) and Section 10554 of the Welfare and Institutions Code, until emergency regulations are filed with the Secretary of State, the State Department of Social Services may implement the changes made by subdivision (a) through all-county letters or similar instructions from the director. The department shall adopt emergency regulations as necessary to implement those amendments on or before January 1, 2010. The program established pursuant to this section shall be established on or before July 1, 2009, and shall be fully implemented as to new applicants for food stamps on or before January 1, 2010. 
(d) The department shall adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the department is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. The emergency regulations shall be exempt from review by the Office of Administrative Law. The department shall adopt final regulations implementing the program authorized by this section on or before July 1, 2010.
SEC. 3.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.