AB 1965

Bill Subjects

Abstract

Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP) , known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met work participation requirements or is otherwise exempt. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing state law requires the State Department of Social Services, to the extent permitted by federal law, to annually seek a federal waiver of the time limit. Existing federal law also authorizes a state to provide, in each fiscal year, a discretionary exemption from the 3-month time limit for covered individuals, to the extent that the average monthly number of exemptions in effect during a fiscal year does not exceed 12% of the number of covered individuals in the state. Existing law requires the State Department of Social Services to establish the California Food Assistance Program (CFAP) , and, operative on the date that the department notifies the Legislature that the Statewide Automated Welfare System (SAWS) has been updated to perform the necessary automation, requires the department to use state funds appropriated for the program to provide nutritional benefits to households and to individuals 55 years of age or older, as specified, that are ineligible for CalFresh benefits solely due to their immigration status. This bill would require the department, with appropriated state funds, to establish the California Antihunger Response (CARE) to provide food assistance benefits to a person who has been determined ineligible for CalFresh benefits, or for whom CalFresh benefits have been discontinued as a result of the ABAWD time limit, and who also is ineligible for the discretionary exemption described above. The bill would require the person to receive CARE benefits in the same amount that they would have received under the CalFresh program if the ABAWD time limit did not make them ineligible. The bill would require the issuance of CARE benefits through the state-administered and state-funded electronic benefits transfer system, as specified. Under the bill, the CARE benefit would only be available during a period of time in which a statewide time limit waiver is not granted by the federal government, and in that case, the CARE benefit would only be applicable in those areas that are not granted an area time limit waiver by the federal government. The bill would require the CARE benefit to be operable one year after the above-mentioned CFAP provisions become operative. The bill would require the department to develop, in consultation with specified entities, and to issue, guidance to maximize the use of discretionary exemptions from the 3-month time limit available under federal law and guidance relating to SNAP and CalFresh. The bill would authorize the guidance to include redistribution of the discretionary exemptions between counties, as specified. The bill would require the guidance to be issued no later than April 1, 2023, and to remain operative until the CARE benefit is operative, by which date the bill would require the department to issue new guidance to maximize the use of discretionary exemptions available under federal law, as well as the CARE benefit. To the extent that the bill would expand eligibility for county-administered benefits through the establishment of the CARE program, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.