BILL NUMBER: AB 6 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Fuentes
DECEMBER 6, 2010
An act to amend Sections 11020, 11320.2, 11372, 11450, 11450.12,
11450.13, 11451.5, and 18901.4 of, to add Section 18901.2 to, to
repeal Chapter 4.6 (commencing with Section 10830) of Part 2 of
Division 9 of, and to repeal and add Sections 11004.1, 11265.1,
11265.2, 11265.3, and 18910 of, the Welfare and Institutions Code,
relating to public social services.
LEGISLATIVE COUNSEL’S DIGEST
AB 6, as introduced, Fuentes. CalWORKs and CalFresh Program.
Existing law requires each county to provide cash assistance and
other social services to needy families through the California Work
Opportunity and Responsibility to Kids (CalWORKs) program using
federal Temporary Assistance to Needy Families (TANF) block grant
program, state, and county funds.
Existing federal law provides for the federal Supplemental
Nutrition Assistance Program (SNAP), known in California as the
CalFresh Program, formerly the Food Stamp Program, under which food
stamps allocated to the state by the federal government are
distributed to eligible individuals by each county.
(1) Existing law requires the State Department of Social Services
and the California Health and Human Services Agency Data Center to
design, implement, and maintain a statewide fingerprint imaging
system for use in connection with the determination of eligibility
for benefits under the CalWORKs program, excluding the Aid to
Families with Dependent Children-Foster Care program, and the
CalFresh Program. Existing law, with specified exceptions, requires
applicants for, and recipients of, CalWORKs and CalFresh benefits, as
a condition of eligibility, to be fingerprint imaged, pursuant to
the statewide fingerprint imaging system.
This bill would repeal these provisions relating to fingerprints
and would make related conforming changes.
(2) Under existing law, the county is required to annually
redetermine eligibility for CalWORKs benefits. Existing law
additionally requires the county to implement a recipient monthly
reporting system, consistent with federal law until the Director of
Social Services makes a specified declaration, at which time the
county would be required to redetermine recipient eligibility and
grant amounts on a quarterly basis, using prospective budgeting, and
to prospectively determine the grant amount that a recipient is
entitled to receive for each month of the quarterly reporting period.
Under existing law, a CalWORKs recipient is required to report to
the county, orally or in writing, specified changes that could affect
the amount of aid to which the recipient is entitled. Under existing
law, the CalWORKs quarterly reporting system is also implemented by
the State Department of Social Services in administering SNAP.
This bill would repeal the requirements relating to quarterly
reporting and prospective determination grant amounts, and would,
instead, impose similar requirements for a semiannual reporting
period, operative July 1, 2012, to be implemented no later than
January 1, 2013, except as prescribed. The bill would also require
the department to establish an income reporting threshold for
CalWORKs recipients, as specified. The bill would make various
related conforming changes, including revising provisions relating to
the collection of CalWORKs grant overpayments and self-sufficiency
review requirements. The bill would authorize counties to adopt
staggered semiannual reporting requirements, as specified. The bill
would authorize the department to implement the semiannual reporting
provisions through all-county letters until the adoption of
implementing regulations, as prescribed.
(3) This bill would, to the extent permitted by federal law,
require the State Department of Social Services, in conjunction with
the State Department of Community Services and Development, to
design, implement, and maintain a utility assistance initiative,
under which the State Department of Social Services would be required
to grant applicants and recipients of CalFresh benefits a nominal
Low Income Home Energy Assistance Program (LIHEAP) benefit, as
specified.
(4) Existing law continuously appropriates moneys from the General
Fund to defray a portion of county costs under the CalWORKs program.
This bill would, instead, provide that the continuous
appropriation would not be made for purposes of implementing the
bill.
(5) To the extent that the bill would expand eligibility for
CalWORKs and CalFresh benefits, the bill would create 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 4.6 (commencing with Section 10830) of Part 2
of Division 9 of the Welfare and Institutions Code is repealed.
SEC. 2. Section 11004.1 of the Welfare and Institutions Code is
repealed.
11004.1. (a) In addition to Section 11004, this section shall
apply to the CalWORKs program.
(b) The amount of any CalWORKs grant overpayment shall be the
difference between the grant amount the assistance unit actually
received and the grant amount the assistance unit would have received
under the quarterly reporting, prospective budgeting system if no
county error had occurred or if the recipient had timely, completely,
and accurately reported as required under Sections 11265.1 and
11265.3. No overpayment shall be established based on any differences
between the amount of income the county reasonably anticipated the
recipient would receive during the quarterly reporting period and the
income the recipient actually received during that period, provided
the recipient’s report was complete and accurate.
(c) No CalWORKs grant underpayment shall be established based on
any differences between the amount of income the county reasonably
anticipated the recipient would receive during the quarterly
reporting period and the income the recipient actually received
during that period.
SEC. 3. Section 11004.1 is added to the Welfare and Institutions
Code, to read:
11004.1. (a) In addition to Section 11004, this section shall
apply to the CalWORKs program.
(b) The amount of any CalWORKs grant overpayment shall be the
difference between the grant amount the assistance unit actually
received and the grant amount the assistance unit would have received
under the semiannual reporting, prospective budgeting system if no
county error had occurred and if the recipient had timely,
completely, and accurately reported as required under Sections
11265.1 and 11265.3. No overpayment shall be established based on any
differences between the amount of income the county prospectively
determined for the recipient for the semiannual reporting period and
the income the recipient actually received during that period,
provided the recipient’s report was complete and accurate.
(c) No CalWORKs grant underpayment shall be established based on
any differences between the amount of income the county prospectively
determined for the recipient for the semiannual reporting period and
the income the recipient actually received during that period.
SEC. 4. Section 11020 of the Welfare and Institutions Code, as
amended by Section 26 of Chapter 1022 of the Statutes of 2002, is
amended to read:
11020. (a) Where a recipient under a categorical aid program
other than CalWORKs has received aid in good faith but in fact owned
excess property, he or she shall be considered to have been
ineligible for aid during the period for which any excess property
would have supported him or her at the rate of the aid granted to him
or her. In such case Under these
circumstances, the recipient or his or her estate
shall repay the aid he or she received during this period
of ineligibility.
(b) With respect to recipients under Chapter 3 (commencing with
Section 12000) of this part, overpayments shall be
collected by the federal government pursuant to federal law.
(c) Where a CalWORKs recipient has received aid in good faith, but
in fact owned excess property, the recipient shall have an
overpayment equal to the lesser of the amount of the excess property
or the aid received during the period the recipient owned the excess
property and the grant was not accurately determined under the
quarterly semiannual reporting,
prospective budgeting system due to the excess property.
SEC. 5. Section 11265.1 of the Welfare and Institutions Code, as
amended by Section 1 of Chapter 826 of the Statutes of 1999, is
repealed.
11265.1. (a) Except as provided in Section 11265.5, in addition
to the requirement for the annual redetermination of eligibility, the
department shall establish regulations consistent with federal law
to implement a recipient monthly reporting system for use in
determining monthly eligibility and the amount of the grant. The
department shall define what constitutes a complete report and shall
specify the deadlines for submitting a complete report, as well as
the consequences of, and good cause for, failure to submit a complete
report. The department shall adopt fair and equitable regulations
implementing the monthly reporting requirement.
(b) This section shall become inoperative on the date that the
director executes a declaration stating that Section 11265.2, as
added by the act adding this subdivision, is fully implemented
statewide, and shall be repealed on January 1 of the year following
the year in which it becomes inoperative.
SEC. 6. Section 11265.1 of the Welfare and Institutions Code, as
added by Section 30 of Chapter 1022 of the Statutes of 2002, is
repealed.
11265.1. (a) In addition to the requirement for an annual
redetermination of eligibility, counties shall redetermine recipient
eligibility and grant amounts on a quarterly basis using prospective
budgeting. Counties shall use the information reported on a recipient’
s quarterly report form to prospectively determine eligibility and
grant amount for the following quarterly reporting period.
(b) A quarterly reporting period shall be three consecutive
calendar months. The recipient shall submit one quarterly report form
for each quarterly reporting period. Counties shall provide a
quarterly report form to recipients at the end of the second month of
the quarterly reporting period, and recipients shall return the
completed quarterly report form with required verification to the
county by the 11th day of the third month of the quarterly reporting
period.
(c) Counties may establish staggered quarterly reporting cycles
based on factors established or approved by the department,
including, but not limited to, application date or case number.
(d) The quarterly report form shall be signed under penalty of
perjury, and shall include only information necessary to determine
CalWORKs and food stamp eligibility and calculate the CalWORKs grant
amount and food stamp allotment, as specified by the department. The
form shall be as comprehensible as possible for recipients and shall
require recipients to provide the following:
(1) Information about income received during the second month of
the quarterly reporting period.
(2) Information about income that the recipient anticipates
receiving during the following quarterly reporting period.
(3) Any other changes to facts required to be reported, together
with any changes to those facts that the recipient anticipates will
occur. The recipient shall provide verification as specified by the
department with the quarterly report form.
(e) A quarterly report form shall be considered complete if the
following requirements, as specified by the department, are met:
(1) The form is signed no earlier than the first day of the third
month of the quarterly reporting period by the persons specified by
the department.
(2) All questions and items pertaining to CalWORKs and food stamp
eligibility and grant amount are answered.
(3) Verification required by the department is provided.
(f) If a recipient fails to submit a complete quarterly report
form, as defined in subdivision (e), by the 11th day of the third
month of the quarterly reporting period, the county shall provide the
recipient with a notice that the county will terminate benefits at
the end of the month. Prior to terminating benefits, the county shall
attempt to make personal contact to remind the recipient that a
completed report is due, or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if a
complete report is received by the first working day of the first
month of the following quarterly reporting period.
(g) The county may determine, at any time prior to the last day of
the calendar month following discontinuance for nonsubmission of a
quarterly report form, that a recipient had good cause for failing to
submit a complete quarterly report form, as defined in subdivision
(e), by the first working day of the month following discontinuance.
If the county finds a recipient had good cause, as defined by the
department, it shall rescind the discontinuance notice. Good cause
exists only when the recipient cannot reasonably be expected to
fulfill his or her reporting responsibilities due to factors outside
of the recipient’s control.
SEC. 7. Section 11265.1 is added to the Welfare and Institutions
Code, to read:
11265.1. (a) In addition to the requirement for an annual
redetermination of eligibility, counties shall redetermine recipient
eligibility and grant amounts on a semiannual basis in a prospective
manner, using reasonably anticipated income consistent with Section 5
of the federal Food Stamp Act (7 U.S.C. Sec. 2014(f)(3)(A)),
implementing regulations, and any waivers obtained by the department
pursuant to subdivision (g) of Section 11265.2. Counties shall use
the information reported on a recipient’s semiannual report form to
prospectively determine eligibility and the grant amount for the
following semiannual reporting period.
(b) A semiannual reporting period shall be six consecutive
calendar months. The recipient shall submit one semiannual report
form for each semiannual reporting period. Counties shall provide a
semiannual report form to recipients at the end of the fifth month of
the semiannual reporting period, and recipients shall return the
completed semiannual report form with required verification to the
county by the 11th day of the sixth month of the semiannual reporting
period.
(c) The semiannual report form shall be signed under penalty of
perjury, and shall include only the information necessary to
determine CalWORKs and CalFresh eligibility and calculate the
CalWORKs grant amount and CalFresh allotment, as specified by the
department. The form shall be as comprehensible as possible for
recipients and shall require recipients to provide the following:
(1) Information about income received during the fifth month of
the semiannual reporting period.
(2) Any other changes to facts required to be reported. The
recipient shall provide verification as specified by the department
with the semiannual report form.
(d) A semiannual report form shall be considered complete if the
following requirements, as specified by the department, are met:
(1) The form is signed no earlier than the first day of the sixth
month of the semiannual reporting period by the persons specified by
the department.
(2) All questions and items pertaining to CalWORKs and CalFresh
eligibility and grant amounts are answered.
(3) Verification required by the department is provided.
(e) If a recipient fails to submit a complete semiannual report
form, as described in subdivision (d), by the 11th day of the sixth
month of the semiannual reporting period, the county shall provide
the recipient with a notice that the county will terminate benefits
at the end of the month. Prior to terminating benefits, the county
shall attempt to make personal contact to remind the recipient that a
completed report is due, or, if contact is not made, shall send a
reminder notice to the recipient no later than five days prior to the
end of the month. Any discontinuance notice shall be rescinded if a
complete report is received by the first working day of the first
month of the following semiannual reporting period.
(f) The county may determine, at any time prior to the last day of
the calendar month following discontinuance for nonsubmission of a
semiannual report form, that a recipient had good cause for failing
to submit a complete semiannual report form, as described in
subdivision (d), by the first working day of the month following
discontinuance. If the county finds a recipient had good cause, as
defined by the department, it shall rescind the discontinuance
notice. Good cause exists only when the recipient cannot reasonably
be expected to fulfill his or her reporting responsibilities due to
factors outside of the recipient’s control.
(g) No savings determined by the State Department of Social
Services as a result of the act adding this section shall be assumed
until actual savings related to the change to semiannual reporting
are realized based on data developed in consultation with the
California Welfare Directors Association (CWDA).
(h) (1) The department, in consultation with the CWDA, shall
report to the relevant policy and fiscal committees of the
Legislature in April 2013 regarding the effects upon the program
efficiency of implementation of semiannual reporting requirements set
forth in Section 11004.1. The report shall be based on data
collected by CWDA and select counties. The department, in
consultation with CWDA, shall determine the data collection needs
required to assess the effects of the semiannual reporting.
(2) The requirement for submitting a report imposed under this
subdivision is inoperative on April 30, 2017, pursuant to Section
10231.5 of the Government Code.
(3) A report submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(i) Counties may establish staggered semiannual reporting cycles
for individual recipients, based on factors established or approved
by the department, including, but not limited to, application date or
case number. If a county elects to stagger the reporting periods for
individuals, this section shall apply to an individual recipient on
the first day of the month assigned to the recipient, but in no event
later than July 1, 2012. Up to and until the establishment of a
semiannual system, counties shall operate a quarterly system, as
established by law and regulation applicable immediately prior to the
establishment of the semiannual reporting system.
SEC. 8. Section 11265.2 of the Welfare and Institutions Code is
repealed.
11265.2. (a) The grant amount a recipient shall be entitled to
receive for each month of the quarterly reporting period shall be
prospectively determined as provided by this section. If a recipient
reports that he or she does not anticipate any changes in income
during the upcoming quarter, compared to the income the recipient
reported actually receiving on the quarterly report form, the grant
shall be calculated using the actual income received. If a recipient
reports that he or she anticipates a change in income in one or more
months of the upcoming quarter, the county shall determine whether
the recipient’s income is reasonably anticipated. The grant shall be
calculated using the income that the county determines is reasonably
anticipated in each of the three months of the upcoming quarter.
(b) For the purposes of the quarterly reporting, prospective
budgeting system, income shall be considered to be “reasonably
anticipated” if the county is reasonably certain of the amount of
income and that the income will be received during the quarterly
reporting period. The county shall determine what income is
“reasonably anticipated” based on information provided by the
recipient and any other available information.
(c) If a recipient reports that their income in the upcoming
quarter will be different each month and the county needs additional
information to determine a recipient’s reasonably anticipated income
for the following quarter, the county may require the recipient to
provide information about income for each month of the prior quarter.
(d) Grant calculations pursuant to subdivision (a) may not be
revised to adjust the grant amount during the quarterly reporting
period, except as provided in Section 11265.3 and subdivisions (e),
(f), (g), and (h), and as otherwise established by the department.
(e) Notwithstanding subdivision (d), statutes and regulations
relating to (1) the 60-month time limit, (2) age limitations for
children under Section 11253, and (3) sanctions and financial
penalties affecting eligibility or grant amount shall be applicable
as provided in such statutes and regulations. Eligibility and grant
amount shall be adjusted during the quarterly reporting period
pursuant to such statutes and regulations effective with the first
monthly grant after timely and adequate notice is provided.
(f) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant’
s assistance unit effective as of the first of the month following
the discontinuance of the child from the existing assistance unit.
(g) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of the
month of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(h) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
SEC. 9. Section 11265.2 is added to the Welfare and Institutions
Code, to read:
11265.2. (a) The grant amount a recipient shall be entitled to
receive for each month of the semiannual reporting period shall be
prospectively determined, using reasonably anticipated income, and
calculated in a manner consistent with Section 5 of the federal Food
Stamp Act (7 U.S.C. Sec. 2014(f)(3)(A)), implementing regulations,
and any waivers obtained by the department pursuant to subdivision
(g).
(b) Grant calculations pursuant to subdivision (a) shall not be
revised to adjust the grant amount during the semiannual reporting
period, except as provided in Section 11265.3 and subdivisions (c),
(d), (e), and (f), and as otherwise established by the department.
(c) Notwithstanding subdivision (b), statutes and regulations
relating to the 60-month time limit, age limitations for children
under Section 11253, and sanctions and financial penalties affecting
eligibility or grant amount shall be applicable as provided in those
statutes and regulations. Eligibility and grant amount shall be
adjusted during the semiannual reporting period pursuant to those
statutes and regulations effective with the first monthly grant after
timely and adequate notice is provided.
(d) Notwithstanding Section 11056, if an applicant applies for
assistance for a child who is currently aided in another assistance
unit, and the county determines that the applicant has care and
control of the child, as specified by the department, and is
otherwise eligible, the county shall discontinue aid to the child in
the existing assistance unit and shall aid the child in the applicant’
s assistance unit effective as of the first of the month following
the discontinuance of the child from the existing assistance unit.
(e) If the county is notified that a child for whom CalWORKs
assistance is currently being paid has been placed in a foster care
home, the county shall discontinue aid to the child at the end of the
month of placement. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(f) If the county determines that a recipient is no longer a
California resident, pursuant to Section 11100, the recipient shall
be discontinued. The county shall discontinue the case if the
remaining assistance unit members are not otherwise eligible.
(g) The department shall take all necessary steps to implement
this section in the simplest manner possible for both county human
services departments and recipients of aid under this chapter,
including, but not limited to, exploring the feasibility of
accumulating reported changes, acting on changes once per month
rather than multiple times, and whether additional flexibility is
available under federal food stamp rules to simplify the
consideration of reasonably anticipated income when setting grant
levels for the upcoming semiannual reporting period.
SEC. 10. Section 11265.3 of the Welfare and Institutions Code is
repealed.
11265.3. (a) In addition to submitting the quarterly report form
as required in Section 11265.1, during the quarterly reporting
period, a recipient shall report the following changes to the county
orally or in writing, within 10 days of the change:
(1) The receipt at any time during a quarterly reporting period of
income, as provided by the department, in an amount that is likely
to render the recipient ineligible, as provided by the department.
(2) The occurrence at any time during a quarterly reporting period
of a drug felony conviction as specified in Section 11251.3.
(3) The occurrence, at any time during a quarterly reporting
period, of an individual fleeing prosecution or custody or
confinement, or violating a condition of probation or parole as
specified in Section 11486.5.
(b) Counties shall inform each recipient of the duty to report
under paragraph (1) of subdivision (a), the consequences of failing
to report, and the amount of income likely to render the family
ineligible for benefits no less frequently than once per quarter.
(c) When a recipient reports income pursuant to paragraph (1) of
subdivision (a) the county shall redetermine eligibility and grant
amounts as follows:
(1) If the recipient reports a change for the first or second
month of a current quarterly reporting period, the county shall
verify the report and determine if the recipient is financially
ineligible. If the recipient is determined to be financially
ineligible based on this income, the county shall discontinue the
recipient after timely and adequate notice in accordance with rules
applicable to the federal Food Stamp program.
(2) If the recipient reports a change for the third month of a
current quarterly reporting period, the county shall not redetermine
eligibility for the current quarterly reporting period, but shall
redetermine eligibility and grant amount for the following quarterly
reporting period as provided in Section 11265.2.
(d) (1) During the quarterly reporting period, a recipient may
report to the county, orally or in writing, any changes in income or
household circumstances that may increase the recipient’s grant.
(2) Counties shall act upon changes in income reported during the
quarterly reporting period that result in an increase in benefits,
after verification specified by the department is received. Reported
changes in income that increase the grant shall be effective for the
entire month in which the change is reported. If the reported change
in income results in an increase in benefits, the county shall issue
the increased benefit amount within 10 days of receiving required
verification.
(3) (A) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall redetermine the grant for the
current month and any remaining months in the quarterly reporting
period by averaging the actual gross monthly income reported and
verified from the voluntary report for the current month and the
gross monthly income that is reasonably anticipated for any future
month remaining in the quarterly reporting period.
(B) When the average is determined pursuant to subparagraph (A),
and a grant amount is calculated based upon the averaged income, if
the grant amount is higher than the grant currently in effect, the
county shall revise the grant for the current month and any remaining
months in the quarter to the higher amount and shall issue any
increased benefit amount as provided in paragraph (2).
(4) Except as provided in subdivision (e), counties shall act only
upon changes in household composition voluntarily reported by the
recipients during the quarterly reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first or second month of the quarterly reporting period and
results in an increase in benefits, the county shall redetermine the
grant effective for the month following the month in which the change
was reported. If the reported change in
household composition is for the third month of a
quarterly reporting period, the county shall not redetermine the
grant for the current quarterly reporting period, but shall
redetermine the grant for the following reporting period as provided
in Section 11265.2.
(e) During the quarterly reporting period, a recipient may request
that the county discontinue the recipient’s entire assistance unit
or any individual member of the assistance unit who is no longer in
the home or is an optional member of the assistance unit. If the
recipient’s request was verbal, the county shall provide a 10-day
notice before discontinuing benefits. If the recipient’s report was
in writing, the county shall discontinue benefits effective the end
of the month in which the request is made, and simultaneously issue a
notice informing the recipient of the discontinuance.
(f) The department, in consultation with the County Welfare
Directors Association (CWDA), shall report to the relevant policy and
fiscal committees of the Legislature in April 2005 regarding the
effects upon program efficiency and integrity of implementation of
the midquarter reporting requirement set forth in subdivision (a).
The report shall be based on data collected by CWDA and select
counties. The department, in consultation with CWDA, shall determine
the data collection needs required to assess the effects of the
specified midquarter report.
SEC. 11. Section 11265.3 is added to the Welfare and Institutions
Code, to read:
11265.3. (a) In addition to submitting the semiannual report form
as required in Section 11265.1, the department shall establish an
income reporting threshold for recipients of CalWORKs.
(b) The CalWORKs income reporting threshold shall be the lesser of
the following:
(1) The amount likely to render the recipient ineligible for
federal food stamp benefits.
(2) The amount likely to render the recipient ineligible for
CalWORKs benefits.
(c) A recipient shall report to the county, orally or in writing,
within 10 days, when any of the following occurs:
(1) The monthly household income exceeds the threshold established
pursuant to this section.
(2) The household address has changed.
(3) A drug felony conviction, as specified in Section 11251.3.
(4) An incidence of an individual fleeing prosecution or custody
or confinement, or violating a condition of probation or parole, as
specified in Section 11486.5.
(d) At least once per semiannual reporting period, counties shall
inform each recipient of all of the following:
(1) The duty to report under this section.
(2) The consequences of failing to report.
(3) The amount of the recipient’s income reporting threshold.
(e) When a recipient reports income exceeding the reporting
threshold, the county shall redetermine eligibility and the grant
amount as follows:
(1) If the recipient reports the increase in income for the first
through fifth months of a current semiannual reporting period, the
county shall verify the report and determine the recipient’s
financial eligibility and grant amount.
(A) If the recipient is determined to be financially ineligible
based on the increase in income, the county shall discontinue the
recipient with timely and adequate notice, effective at the end of
the month in which the income was received.
(B) If it is determined that the recipient’s grant amount should
decrease based on the increase in income, the county shall reduce the
recipient’s grant amount for the remainder of the semiannual
reporting period with timely and adequate notice, effective the first
of the month following the month in which the income was received.
(2) If the recipient reports an increase in income for the sixth
month of a current semiannual reporting period, the county shall not
redetermine eligibility for the current semiannual reporting period,
but shall consider this income in redetermining eligibility and the
grant amount for the following semiannual reporting period, as
provided in Section 11265.2.
(f) Counties shall act upon changes in income voluntarily reported
during the semiannual reporting period that result in an increase in
benefits, only after verification specified by the department is
received. Reported changes in income that increase the grants shall
be effective for the entire month in which the change is reported. If
the reported change in income results in an increase in benefits,
the county shall issue the increased benefit amount within 10 days of
receiving required verification.
(g) (1) When a decrease in gross monthly income is voluntarily
reported and verified, the county shall redetermine the grant for the
current month and any remaining months in the semiannual reporting
period by averaging the actual gross monthly income reported and
verified from the voluntary report for the current month and the
gross monthly income that is reasonably anticipated for any future
month remaining in the semiannual reporting period.
(2) When the average is determined pursuant to paragraph (1), and
a grant amount is calculated based upon the averaged income, if the
grant amount is higher than the grant currently in effect, the county
shall revise the grant for the current month and any remaining
months in the semiannual reporting period to the higher amount and
shall issue any increased benefit amount as provided in subdivision
(f).
(h) During the semiannual reporting period, a recipient may report
to the county, orally or in writing, any changes in income and
household circumstances that may increase the recipient’s grant.
Except as provided in subdivision (i), counties shall act only upon
changes in household composition voluntarily reported by the
recipients during the semiannual reporting period that result in an
increase in benefits, after verification specified by the department
is received. If the reported change in household composition is for
the first through fifth month of the semiannual reporting period and
results in an increase in benefits, the county shall redetermine the
grant effective for the month following the month in which the change
was reported. If the reported change in household composition is for
the sixth month of a semiannual reporting period, the county shall
not redetermine the grant for the current semiannual reporting
period, but shall redetermine the grant for the following reporting
period as provided in Section 11265.2.
(i) During the semiannual reporting period, a recipient may
request that the county discontinue the recipient’s entire assistance
unit or any individual member of the assistance unit who is no
longer in the home or is an optional member of the assistance unit.
If the recipient’s request was verbal, the county shall provide a
10-day notice before discontinuing benefits. If the recipient’s
report was in writing, the county shall discontinue benefits
effective the end of the month in which the request is made, and
simultaneously issue a notice informing the recipient of the
discontinuance.
SEC. 12. Section 11320.2 of the Welfare and Institutions Code is
amended to read:
11320.2. (a) Commencing July 1, 2011, subject to subdivision (g),
the county shall conduct self-sufficiency reviews with all aided
caretaker relatives and the adult caretaker or minor parent
head-of-household in child-only cases, except for individuals who are
exempt from welfare-to-work activities pursuant to Section 11320.3.
Reviews shall be conducted every six months, except as otherwise
provided in this subdivision. For an assistance unit determined to be
eligible under this chapter on or after July 1, 2011, reviews shall
be conducted at the end of the assistance unit’s second and
fourth quarterly each semiannual reporting
periods period . The review at the
fourth quarterly end of the second semiannual
reporting period of each year shall be conducted
with the annual redetermination, on the same day and in the same
location. The notice, scheduling, and accommodation requirements used
for the annual redetermination shall be utilized uniformly for the
self-sufficiency reviews. For an assistance unit determined to be
eligible under this chapter prior to July 1, 2011, reviews shall be
conducted starting at the end of each assistance unit’s
second quarterly first semiannual reporting
period and with the next regularly scheduled redetermination, and
then annually thereafter.
(b) The county shall provide notification to individuals for whom
a review has been scheduled, not less than 60 calendar days prior to
the appointment, and provide for a process for rescheduling, if
necessary, on a date not to exceed 20 calendar days beyond the
scheduled review.
(c) Self-sufficiency reviews shall be conducted by a county social
worker or employment services worker.
(d) The purposes of the self-sufficiency review are to determine
barriers to participation, including those that may establish the
basis for an exemption, to assess needed services and resources, and
to provide tools to connect the recipient with the needed services
and activities in order to increase his or her work or community
service participation pursuant to Section 11320.
(e) (1) If the recipient fails to attend the review, the county
shall provide the recipient with a notice that the county shall
reduce the recipient’s benefits by 50 percent after 30 calendar days,
unless the participant has complied or provided good cause. Prior to
reducing benefits by 50 percent, the county shall attempt to make
personal contact, consistent with current practice as exercised for
the annual redetermination, to remind the recipient that attending
the self-sufficiency review is required, or, if contact is not made,
shall send a reminder notice to the recipient no later than five days
prior to the end of the 30-calendar day period. The county may
determine at any time prior to reducing benefits by 50 percent for
failure to attend the self-sufficiency review, or after the sanction
has been imposed, that a recipient had good cause for failing to
attend the self-sufficiency review. A notice regarding a 50-percent
reduction in benefits shall be rescinded when the self-sufficiency
review is completed.
(2) If the participant is found to not comply with the requirement
to attend the self-sufficiency review, the benefits shall be reduced
by 50 percent.
(3) The county may determine, at any time prior to the end of the
30-calendar day period following the reduction of benefits by 50
percent for failure to attend the self-sufficiency review, or after
the sanction has been imposed, that a recipient had good cause for
failing to attend the review. If the county finds a recipient had
good cause, it shall rescind the reduction in benefits notice. Good
cause exists only when the recipient cannot reasonably be expected to
fulfill his or her responsibilities, due to factors beyond the
recipient’s control.
(f) Not later than January 1, 2013, the county shall provide the
department with an evaluation of the implementation of the
self-sufficiency reviews that addresses the effectiveness of the
reviews in meeting the goals stated in subdivision (d). Upon receipt
of all of the county evaluations, the department shall forward the
evaluations to the relevant fiscal and policy committees of the
Legislature for review.
(g) An aided adult who is fully meeting the hours of participation
required of CalWORKs recipients under applicable state law shall not
be subject to self-sufficiency reviews.
(h) A review conducted in accordance with this section that occurs
at either the 42nd or 54th month of aid pursuant to Section 11454
shall include all of the components specified in subdivision (a), and
shall also include information and a warning to the individual
regarding the upcoming consequences of reaching the 48-month or
60-month time limits, depending on the specific circumstances of the
case. The review shall occur six months before the applicable time
limit. However, if a recipient returns to aided status when fewer
than six months remain before the 60-month time limit, he or she
shall receive a review under this section within a reasonable time
prior to the 60th month, as determined by the county.
(i) This section shall become operative on July 1, 2011.
SEC. 13. Section 11372 of the Welfare and Institutions Code is
amended to read:
11372. (a) Notwithstanding any other provision of law, the
state-funded Kinship Guardianship Assistance Payment Program
implemented under this article is exempt from the provisions of
Chapter 2 (commencing with Section 11200) of Part 3.
(b) A person who is a kinship guardian under this article, and who
has met the requirements of Section 361.4, shall be exempt from
Chapter 4.6 (commencing with Section 10830) of Part 2 governing the
statewide fingerprint imaging system. A guardian who is also an
applicant for or a recipient of benefits under the CalWORKs program,
Chapter 2 (commencing with Section 11200) of Part 3, or the Food
Stamp program, Chapter 10 (commencing with Section 18900) of Part 6
shall comply with the statewide fingerprint imaging system
requirements applicable to those programs.
(c)
(b) Any exemptions exercised pursuant to this section
shall be implemented in accordance with Section 11369.
SEC. 14. Section 11450 of the Welfare and Institutions Code is
amended to read:
11450. (a) (1) Aid shall be paid for each needy family, which
shall include all eligible brothers and sisters of each eligible
applicant or recipient child and the parents of the children, but
shall not include unborn children, or recipients of aid under Chapter
3 (commencing with Section 12000), qualified for aid under this
chapter. In determining the amount of aid paid, and notwithstanding
the minimum basic standards of adequate care specified in Section
11452, the family’s income, exclusive of any amounts considered
exempt as income or paid pursuant to subdivision (e) or Section
11453.1, averaged determined for the
prospective quarter semiannual period
pursuant to Sections 11265.2 and 11265.3, and then calculated
pursuant to Section 11451.5, shall be deducted from the sum specified
in the following table, as adjusted for cost-of-living increases
pursuant to Section 11453 and paragraph (2). In no case shall the
amount of aid paid for each month exceed the sum specified in the
following table, as adjusted for cost-of-living increases pursuant to
Section 11453 and paragraph (2), plus any special needs, as
specified in subdivisions (c), (e), and (f):
Number
of
eligible
needy
persons
in Maximum
the same home aid
1………………………… $ 326
2………………………… 535
3………………………… 663
4………………………… 788
5………………………… 899
6………………………… 1,010
7………………………… 1,109
8………………………… 1,209
9………………………… 1,306
10 or more…………………. 1,403
If, when, and during those times that the United States government
increases or decreases its contributions in assistance of needy
children in this state above or below the amount paid on July 1,
1972, the amounts specified in the above table shall be increased or
decreased by an amount equal to that increase or decrease by the
United States government, provided that no increase or decrease shall
be subject to subsequent adjustment pursuant to Section 11453.
(2) The sums specified in paragraph (1) shall not be adjusted for
cost of living for the 1990-91, 1991-92, 1992-93, 1993-94, 1994-95,
1995-96, 1996-97, and 1997-98 fiscal years, and through October 31,
1998, nor shall that amount be included in the base for calculating
any cost-of-living increases for any fiscal year thereafter.
Elimination of the cost-of-living adjustment pursuant to this
paragraph shall satisfy the requirements of Section 11453.05, and no
further reduction shall be made pursuant to that section.
(b) When the family does not include a needy child qualified for
aid under this chapter, aid shall be paid to a pregnant mother for
the month in which the birth is anticipated and for the three-month
period immediately prior to the month in which the birth is
anticipated in the amount that would otherwise be paid to one person,
as specified in subdivision (a), if the mother, and child, if born,
would have qualified for aid under this chapter. Verification of
pregnancy shall be required as a condition of eligibility for aid
under this subdivision. Aid shall also be paid to a pregnant woman
with no other children in the amount which would otherwise be paid to
one person under subdivision (a) at any time after verification of
pregnancy if the pregnant woman is also eligible for the Cal-Learn
Program described in Article 3.5 (commencing with Section 11331) and
if the mother, and child, if born, would have qualified for aid under
this chapter.
(c) The amount of forty-seven dollars ($47) per month shall be
paid to pregnant mothers qualified for aid under subdivision (a) or
(b) to meet special needs resulting from pregnancy if the mother, and
child, if born, would have qualified for aid under this chapter.
County welfare departments shall refer all recipients of aid under
this subdivision to a local provider of the Women, Infants and
Children program. If that payment to pregnant mothers qualified for
aid under subdivision (a) is considered income under federal law in
the first five months of pregnancy, payments under this subdivision
shall not apply to persons eligible under subdivision (a), except for
the month in which birth is anticipated and for the three-month
period immediately prior to the month in which delivery is
anticipated, if the mother, and the child, if born, would have
qualified for aid under this chapter.
(d) For children receiving AFDC-FC under this chapter, there shall
be paid, exclusive of any amount considered exempt as income, an
amount of aid each month which, when added to the child’s income, is
equal to the rate specified in Section 11460, 11461, 11462, 11462.1,
or 11463. In addition, the child shall be eligible for special needs,
as specified in departmental regulations.
(e) In addition to the amounts payable under subdivision (a) and
Section 11453.1, a family shall be entitled to receive an allowance
for recurring special needs not common to a majority of recipients.
These recurring special needs shall include, but not be limited to,
special diets upon the recommendation of a physician for
circumstances other than pregnancy, and unusual costs of
transportation, laundry, housekeeping services, telephone, and
utilities. The recurring special needs allowance for each family per
month shall not exceed that amount resulting from multiplying the sum
of ten dollars ($10) by the number of recipients in the family who
are eligible for assistance.
(f) After a family has used all available liquid resources, both
exempt and nonexempt, in excess of one hundred dollars ($100), with
the exception of funds deposited in a restricted account described in
subdivision (a) of Section 11155.2, the family shall also be
entitled to receive an allowance for nonrecurring special needs.
(1) An allowance for nonrecurring special needs shall be granted
for replacement of clothing and household equipment and for emergency
housing needs other than those needs addressed by paragraph (2).
These needs shall be caused by sudden and unusual circumstances
beyond the control of the needy family. The department shall
establish the allowance for each of the nonrecurring special need
items. The sum of all nonrecurring special needs provided by this
subdivision shall not exceed six hundred dollars ($600) per event.
(2) Homeless assistance is available to a homeless family seeking
shelter when the family is eligible for aid under this chapter.
Homeless assistance for temporary shelter is also available to
homeless families which are apparently eligible for aid under this
chapter. Apparent eligibility exists when evidence presented by the
applicant, or which is otherwise available to the county welfare
department, and the information provided on the application documents
indicate that there would be eligibility for aid under this chapter
if the evidence and information were verified. However, an alien
applicant who does not provide verification of his or her eligible
alien status, or a woman with no eligible children who does not
provide medical verification of pregnancy, is not apparently eligible
for purposes of this section.
A family is considered homeless, for the purpose of this section,
when the family lacks a fixed and regular nighttime residence; or the
family has a primary nighttime residence that is a supervised
publicly or privately operated shelter designed to provide temporary
living accommodations; or the family is residing in a public or
private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings. A family is also considered
homeless for the purpose of this section if the family has received a
notice to pay rent or quit. The family shall demonstrate that the
eviction is the result of a verified financial hardship as a result
of extraordinary circumstances beyond their control, and not other
lease or rental violations, and that the family is experiencing a
financial crisis that could result in homelessness if preventative
assistance is not provided.
(A) (i) A nonrecurring special need of sixty-five dollars ($65) a
day shall be available to families of up to four members for the
costs of temporary shelter, subject to the requirements of this
paragraph. The fifth and additional members of the family shall each
receive fifteen dollars ($15) per day, up to a daily maximum of one
hundred twenty-five dollars ($125). County welfare departments may
increase the daily amount available for temporary shelter as
necessary to secure the additional bedspace needed by the family.
(ii) This special need shall be granted or denied immediately upon
the family’s application for homeless assistance, and benefits shall
be available for up to three working days. The county welfare
department shall verify the family’s homelessness within the first
three working days and if the family meets the criteria of
questionable homelessness established by the department, the county
welfare department shall refer the family to its early fraud
prevention and detection unit, if the county has such a unit, for
assistance in the verification of homelessness within this period.
(iii) After homelessness has been verified, the three-day limit
shall be extended for a period of time which, when added to the
initial benefits provided, does not exceed a total of 16 calendar
days. This extension of benefits shall be done in increments of one
week and shall be based upon searching for permanent housing which
shall be documented on a housing search form; good cause; or other
circumstances defined by the department. Documentation of a housing
search shall be required for the initial extension of benefits beyond
the three-day limit and on a weekly basis thereafter as long as the
family is receiving temporary shelter benefits. Good cause shall
include, but is not limited to, situations in which the county
welfare department has determined that the family, to the extent it
is capable, has made a good faith but unsuccessful effort to secure
permanent housing while receiving temporary shelter benefits.
(B) A nonrecurring special need for permanent housing assistance
is available to pay for last month’s rent and security deposits when
these payments are reasonable conditions of securing a residence, or
to pay for up to two months of rent arrearages, when these payments
are a reasonable condition of preventing eviction.
The last month’s rent or monthly arrearage portion of the payment
(i) shall not exceed 80 percent of the family’s total monthly
household income without the value of food stamps or special needs
for a family of that size and (ii) shall only be made to families
that have found permanent housing costing no more than 80 percent of
the family’s total monthly household income without the value of food
stamps or special needs for a family of that size.
However, if the county welfare department determines that a family
intends to reside with individuals who will be sharing housing
costs, the county welfare department shall, in appropriate
circumstances, set aside the condition specified in clause (ii) of
the preceding paragraph.
(C) The nonrecurring special need for permanent housing assistance
is also available to cover the standard costs of deposits for
utilities which are necessary for the health and safety of the
family.
(D) A payment for or denial of permanent housing assistance shall
be issued no later than one working day from the time that a family
presents evidence of the availability of permanent housing. If an
applicant family provides evidence of the availability of permanent
housing before the county welfare department has established
eligibility for aid under this chapter, the county welfare department
shall complete the eligibility determination so that the denial of
or payment for permanent housing assistance is issued within one
working day from the submission of evidence of the availability of
permanent housing, unless the family has failed to provide all of the
verification necessary to establish eligibility for aid under this
chapter.
(E) (i) Except as provided in clauses (ii) and (iii), eligibility
for the temporary shelter assistance and the permanent housing
assistance pursuant to this paragraph shall be limited to one period
of up to 16 consecutive calendar days of temporary assistance and one
payment of permanent assistance. Any family that includes a parent
or nonparent caretaker relative living in the home who has previously
received temporary or permanent homeless assistance at any time on
behalf of an eligible child shall not be eligible for further
homeless assistance. Any person who applies for homeless assistance
benefits shall be informed that the temporary shelter benefit of up
to 16 consecutive days is available only once in a lifetime, with
certain exceptions, and that a break in
the consecutive use of the benefit constitutes
permanent exhaustion of the temporary benefit.
(ii) A family that becomes homeless as a direct and primary result
of a state or federally declared natural disaster shall be eligible
for temporary and permanent homeless assistance.
(iii) A family shall be eligible for temporary and permanent
homeless assistance when homelessness is a direct result of domestic
violence by a spouse, partner, or roommate; physical or mental
illness that is medically verified that shall not include a diagnosis
of alcoholism, drug addiction, or psychological stress; or, the
uninhabitability of the former residence caused by sudden and unusual
circumstances beyond the control of the family including natural
catastrophe, fire, or condemnation. These circumstances shall be
verified by a third-party governmental or private health and human
services agency, except that domestic violence may also be verified
by a sworn statement by the victim, as provided under Section
11495.25. Homeless assistance payments based on these specific
circumstances may not be received more often than once in any
12-month period. In addition, if the domestic violence is verified by
a sworn statement by the victim, the homeless assistance payments
shall be limited to two periods of not more than 16 consecutive
calendar days of temporary assistance and two payments of permanent
assistance. A county may require that a recipient of homeless
assistance benefits who qualifies under this paragraph for a second
time in a 24-month period participate in a homelessness avoidance
case plan as a condition of eligibility for homeless assistance
benefits. The county welfare department shall immediately inform
recipients who verify domestic violence by a sworn statement pursuant
to clause (iii) of the availability of domestic violence counseling
and services, and refer those recipients to services upon request.
(iv) If a county requires a recipient who verifies domestic
violence by a sworn statement to participate in a homelessness
avoidance case plan pursuant to clause (iii), the plan shall include
the provision of domestic violence services, if appropriate.
(v) If a recipient seeking homeless assistance based on domestic
violence pursuant to clause (iii) has previously received homeless
avoidance services based on domestic violence, the county shall
review whether services were offered to the recipient and consider
what additional services would assist the recipient in leaving the
domestic violence situation.
(vi) The county welfare department shall report to the department
through a statewide homeless assistance payment indicator system,
necessary data, as requested by the department, regarding all
recipients of aid under this paragraph.
(F) The county welfare departments, and all other entities
participating in the costs of the AFDC program, have the right in
their share to any refunds resulting from payment of the permanent
housing. However, if an emergency requires the family to move within
the 12-month period specified in subparagraph (E), the family shall
be allowed to use any refunds received from its deposits to meet the
costs of moving to another residence.
(G) Payments to providers for temporary shelter and permanent
housing and utilities shall be made on behalf of families requesting
these payments.
(H) The daily amount for the temporary shelter special need for
homeless assistance may be increased if authorized by the current
year’s Budget Act by specifying a different daily allowance and
appropriating the funds therefor.
(I) No payment shall be made pursuant to this paragraph unless the
provider of housing is a commercial establishment, shelter, or
person in the business of renting properties who has a history of
renting properties.
(g) The department shall establish rules and regulations ensuring
the uniform application statewide of this subdivision.
(h) The department shall notify all applicants and recipients of
aid through the standardized application form that these benefits are
available and shall provide an opportunity for recipients to apply
for the funds quickly and efficiently.
(i) Except for the purposes of Section 15200, the amounts payable
to recipients pursuant to Section 11453.1 shall not constitute part
of the payment schedule set forth in subdivision (a).
The amounts payable to recipients pursuant to Section 11453.1
shall not constitute income to recipients of aid under this section.
(j) For children receiving Kin-GAP pursuant to Article 4.5
(commencing with Section 11360) or Article 4.7 (commencing with
Section 11385) there shall be paid, exclusive of any amount
considered exempt as income, an amount of aid each month, which, when
added to the child’s income, is equal to the rate specified in
Sections 11364 and 11387.
SEC. 15. Section 11450.12 of the Welfare and Institutions Code, as
amended by Section 39 of Chapter 1022 of the Statutes of 2002, is
amended to read:
11450.12. (a) An applicant family shall not be eligible for aid
under this chapter unless the family’s income, exclusive of the first
ninety dollars ($90) of earned income for each employed person, is
less than the minimum basic standard of adequate care, as specified
in Section 11452.
(b) A recipient family shall not be eligible for further aid under
this chapter if reasonably anticipated income, less exempt
income, averaged over the quarter the monthly income
determined for the semiannual period pursuant to Sections
11265.2 and 11265.3, less exempt income and exclusive of
amounts exempt under Section 11451.5, equals or exceeds the maximum
aid payment specified in Section 11450.
SEC. 16. Section 11450.13 of the Welfare and Institutions Code, as
amended by Section 40 of Chapter 1022 of the Statutes of 2002, is
amended to read:
11450.13. In calculating the amount of aid to which an assistance
unit is entitled in accordance with Section 11320.15, the maximum
aid payment, adjusted to reflect the removal of the adult or adults
from the assistance unit, shall be reduced by the gross monthly
income of the adult or adults removed from the assistance unit,
averaged over determined for the
quarter semiannual period pursuant to
Sections 11265.2 and 11265.3, and less any amounts exempted pursuant
to Section 11451.5. Aid may be provided in the form of cash or
vouchers, at the option of the county.
SEC. 17. Section 11451.5 of the Welfare and Institutions Code, as
amended by Section 329 of Chapter 62 of the Statutes of 2003, is
amended to read:
11451.5. (a) Except as provided by subdivision (f) of Section
11322.6, the following income, averaged over
determined for the quarter semiannual
period pursuant to Sections 11265.2 and 11265.3,
shall be exempt from the calculation of the income of the family for
purposes of subdivision (a) of Section 11450:
(1) If disability-based unearned income does not exceed two
hundred twenty-five dollars ($225), both of the following amounts:
(A) All disability-based unearned income plus any amount of not
otherwise exempt earned income equal to the amount of the difference
between the amount of disability-based unearned income and two
hundred twenty-five dollars ($225).
(B) Fifty percent of all not otherwise exempt earned income in
excess of the amount applied to meet the differential applied in
subparagraph (A).
(2) If disability-based unearned income exceeds two hundred
twenty-five dollars ($225), both of the following amounts:
(A) All of the first two hundred twenty-five dollars ($225) in
disability-based unearned income.
(B) Fifty percent of all earned income.
(b) For purposes of this section:
(1) Earned income means gross income received as wages, salary,
employer provided employer-provided
sick leave benefits, commissions, or profits from activities such as
a business enterprise or farming in which the recipient is engaged as
a self-employed individual or as an employee.
(2) Disability-based unearned income means state disability
insurance benefits, private disability insurance benefits, temporary
workers’ compensation benefits, and social security disability
benefits.
(3) Unearned income means any income not described in paragraph
(1) or (2).
SEC. 18. Section 18901.2 is added to the Welfare and Institutions
Code, to read:
18901.2. The Legislature finds and declares all of the following:
(a) Many California families struggle with high rent and utility
costs, straining their household’s financial resources and often
limiting resources for food purchases.
(b) A number of other states have taken action to reduce these
struggles by implementing a “Heat and Eat” program that alleviates
the burden of high energy and shelter costs by maximizing federal
nutrition benefits, and consequently reducing paperwork.
(c) It is the intent of the Legislature to create a program in
California that provides a nominal Low Income Home Energy Assistance
Program (LIHEAP) benefit to all applicants and recipients of the
CalFresh Program so that some households may experience an increase
in federal nutrition benefits and benefit from paperwork reduction.
(d) To the extent permitted by federal law, the State Department
of Social Services shall, in conjunction with the State Department of
Community Services and Development, design, implement, and maintain
a utility assistance initiative.
(e) In implementing and maintaining the utility assistance
initiative, the State Department of Social Services shall do all of
the following:
(1) (A) Grant all applicants and recipients of CalFresh benefits
pursuant to this chapter a nominal Low Income Home Energy Assistance
Program (LIHEAP) benefit out of the federal Low-Income Home Energy
Assistance Program block grant (42 U.S.C. 8621 et.seq.).
(B) In establishing the LIHEAP benefit amount, the department
shall take into consideration that the benefit level need not provide
significant utility assistance.
(2) Provide the LIHEAP benefit without requiring the applicant or
recipient to provide additional paperwork or verification.
(3) To the extent permitted by federal law and to the extent
federal funds are available, provide the LIHEAP benefit annually to
each recipient of CalFresh benefits.
(4) Deliver the LIHEAP benefit using the Electronic Benefit
Transfer (EBT) system or other nonpaper delivery system.
(5) Ensure that receipt of LIHEAP benefits pursuant to this
section shall not disqualify the applicant or recipient of CalFresh
benefits from receiving other LIHEAP benefits or other utility
benefits for which they qualify.
(f) To the extent permitted by federal law, a CalFresh household
receiving or anticipating receipt of LIHEAP benefits pursuant to the
utility assistance initiative or any other law shall be entitled to
use the full standard utility allowance (SUA) for the purposes of
calculating CalFresh benefits. A CalFresh household shall be entitled
to use the full SUA regardless of whether the LIHEAP benefit is
actually redeemed.
(g) The department shall implement the initiative by January 1,
2013.
SEC. 19. Section 18901.4 of the Welfare and Institutions Code is
amended to read:
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 Supplementary
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) Notwithstanding any other provision of law, Chapter 4.6
(commencing with Section 10830) of Part 2 of Division 9 shall not
apply to individuals eligible under this section during the 12-month
transitional food stamp demonstration project certification period.
(e)
(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.
(f)
(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.
SEC. 20. Section 18910 of the Welfare and Institutions Code is
repealed.
18910. (a) To the extent permitted by federal law, regulations,
waivers, and directives, the department shall implement the
prospective budgeting, quarterly reporting system provided in
Sections 11265.1, 11265.2, and 11265.3, and related provisions
regarding the Food Stamp Program, in a cost-effective manner that
promotes compatibility between the CalWORKs program and the Food
Stamp Program, and minimizes the potential for payment errors.
(b) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement subdivision (a).
SEC. 21. Section 18910 is added to the Welfare and Institutions
Code, to read:
18910. (a) To the extent permitted by the federal Food Stamp Act,
including Section 2015(c) of Title 7 of the United States Code,
implementing regulations, and any waivers obtained by the department
pursuant to subdivision (g) of Section 11265.2, the department shall
implement a prospective budgeting, semiannual reporting system for
recipients of CalFresh benefits.
(1) CalFresh households that also receive CalWORKs benefits shall
be subject to the CalWORKs semiannual reporting procedures
established in Sections 11265.1, 11265.2, and 11265.3.
(2) CalFresh households not receiving CalWORKs shall not be
required to report within the semiannual reporting period unless
specifically required by federal food stamp law. Otherwise, CalFresh
households not receiving CalWORKs shall be subject to semiannual
reporting procedures established in Sections 11265.1, 11265.2, and
11265.3, excluding the CalWORKs income reporting threshold and any
provisions not permitted under federal food stamp law, regulation, or
waivers obtained by the department pursuant to subdivision (g) of
Section 11265.2.
(b) For recipients of CalFresh benefits 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.
(c) The requirements of subdivisions (h) and (i) of Section
11265.1 and subdivision (g) of Section 11265.2 shall apply to the
implementation of this section.
(d) The department shall seek all necessary waivers from the
United States Department of Agriculture to implement this section.
(e) Counties may establish staggered, semiannual reporting cycles
for individual recipients, based on factors established or approved
by the department, including, but not limited to, application date or
case number. If the county elects to stagger the reporting periods
for individual recipients, this section shall apply to an individual
recipient on the first day of the month assigned to the recipient,
but in no event later than July 1, 2012. Up to and until the
establishment of the semiannual reporting system, counties shall
operate a quarterly system, as established by law and regulation
applicable immediately prior to the establishment of the semiannual
reporting system.
SEC. 22. (a) Except for Section 18901.2, the changes made to the
Welfare and Institutions Code by this act shall become operative in a
county on the date that the county implements the semiannual
reporting provisions referred to in those sections. A county may
implement the semiannual reporting provisions as early as July 1,
2012, but in no event later than January 1, 2013.
(b) Notwithstanding subdivision (a), if a county elects to stagger
the reporting periods for individuals pursuant to subdivision (i) of
Section 11265.1 of the Welfare and Institutions Code or subdivision
(e) of Section 18910 of the Welfare and Institutions Code, as added
by this act, this act shall apply to an individual recipient on the
first day of the month assigned to that recipient, but in no event
later than July 1, 2013.
SEC. 23. (a) Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
until emergency regulations are filed with the Secretary of State,
the State Department of Social Services may implement the changes
made by this act through all-county letters or similar instructions
from the director. The department shall adopt emergency regulations,
as necessary to implement those changes no later than January 1,
2013.
(b) The adoption of regulations pursuant to subdivision (a) shall
be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, safety, or general welfare.
The emergency regulations authorized by this section shall be exempt
from review by the Office of Administrative Law. The emergency
regulations authorized by this section shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days, by which time
final regulations shall be adopted.
SEC. 24. No appropriation pursuant to Section 15200 of the Welfare
and Institutions Code shall be made for purposes of this act.
SEC. 25. 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.