California 2019 2019-2020 Regular Session

California Assembly Bill AB494 Enrolled / Bill

Filed 07/03/2019

                    Enrolled  July 03, 2019 Passed IN  Senate  July 01, 2019 Passed IN  Assembly  April 22, 2019 Amended IN  Assembly  March 20, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 494Introduced by Assembly Member BermanFebruary 12, 2019 An act to add Section 18901.15 to the Welfare and Institutions Code, relating to public social services, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 494, Berman. CalFresh: eligibility: shelter expense deductions.Existing federal law provides for the federal 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. Under existing law, the State Department of Social Services is charged with state administration of the CalFresh program. Federal and state regulations establish allowable income deductions for the purpose of establishing CalFresh eligibility, including a deduction for excess shelter costs, as specified. This bill would require the State Department of Social Services to issue guidance to county human services agencies to establish that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form is sufficient for the purpose of determining the applicants or recipients excess shelter costs deduction, and to prohibit county human services agencies from requesting additional documents to verify excess shelter costs, except as specified. The bill would authorize the department to implement and administer its provisions through all-county letters or similar instructions.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature in enacting this act to support an increase in CalFresh benefits for low-income working families by simplifying the verification of their shelter expenses.SEC. 2. Section 18901.15 is added to the Welfare and Institutions Code, immediately following Section 18901.1, to read:18901.15. (a) The department shall issue guidance to counties that does both of the following:(1) Establishes that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form shall be sufficient for purposes of determining the applicants or recipients excess shelter costs deduction.(2) Prohibits a county human services agency from requesting additional documents to verify excess shelter costs, except when the reported shelter costs are questionable.(b) 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 and administer this section through all-county letters or similar instructions.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to prevent nearly 400,000 elderly or disabled recipients of federal Supplemental Security Income benefits or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, who are newly eligible to receive CalFresh benefits pursuant to the Budget Act of 2018, from being delayed in their application for food aid, it is necessary for this act to take effect immediately.

 Enrolled  July 03, 2019 Passed IN  Senate  July 01, 2019 Passed IN  Assembly  April 22, 2019 Amended IN  Assembly  March 20, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 494Introduced by Assembly Member BermanFebruary 12, 2019 An act to add Section 18901.15 to the Welfare and Institutions Code, relating to public social services, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 494, Berman. CalFresh: eligibility: shelter expense deductions.Existing federal law provides for the federal 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. Under existing law, the State Department of Social Services is charged with state administration of the CalFresh program. Federal and state regulations establish allowable income deductions for the purpose of establishing CalFresh eligibility, including a deduction for excess shelter costs, as specified. This bill would require the State Department of Social Services to issue guidance to county human services agencies to establish that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form is sufficient for the purpose of determining the applicants or recipients excess shelter costs deduction, and to prohibit county human services agencies from requesting additional documents to verify excess shelter costs, except as specified. The bill would authorize the department to implement and administer its provisions through all-county letters or similar instructions.This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Enrolled  July 03, 2019 Passed IN  Senate  July 01, 2019 Passed IN  Assembly  April 22, 2019 Amended IN  Assembly  March 20, 2019

Enrolled  July 03, 2019
Passed IN  Senate  July 01, 2019
Passed IN  Assembly  April 22, 2019
Amended IN  Assembly  March 20, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Assembly Bill 

No. 494

Introduced by Assembly Member BermanFebruary 12, 2019

Introduced by Assembly Member Berman
February 12, 2019

 An act to add Section 18901.15 to the Welfare and Institutions Code, relating to public social services, and declaring the urgency thereof, to take effect immediately. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 494, Berman. CalFresh: eligibility: shelter expense deductions.

Existing federal law provides for the federal 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. Under existing law, the State Department of Social Services is charged with state administration of the CalFresh program. Federal and state regulations establish allowable income deductions for the purpose of establishing CalFresh eligibility, including a deduction for excess shelter costs, as specified. This bill would require the State Department of Social Services to issue guidance to county human services agencies to establish that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form is sufficient for the purpose of determining the applicants or recipients excess shelter costs deduction, and to prohibit county human services agencies from requesting additional documents to verify excess shelter costs, except as specified. The bill would authorize the department to implement and administer its provisions through all-county letters or similar instructions.This bill would declare that it is to take effect immediately as an urgency statute.

Existing federal law provides for the federal 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. Under existing law, the State Department of Social Services is charged with state administration of the CalFresh program. Federal and state regulations establish allowable income deductions for the purpose of establishing CalFresh eligibility, including a deduction for excess shelter costs, as specified. 

This bill would require the State Department of Social Services to issue guidance to county human services agencies to establish that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form is sufficient for the purpose of determining the applicants or recipients excess shelter costs deduction, and to prohibit county human services agencies from requesting additional documents to verify excess shelter costs, except as specified. The bill would authorize the department to implement and administer its provisions through all-county letters or similar instructions.

This bill would declare that it is to take effect immediately as an urgency statute.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature in enacting this act to support an increase in CalFresh benefits for low-income working families by simplifying the verification of their shelter expenses.SEC. 2. Section 18901.15 is added to the Welfare and Institutions Code, immediately following Section 18901.1, to read:18901.15. (a) The department shall issue guidance to counties that does both of the following:(1) Establishes that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form shall be sufficient for purposes of determining the applicants or recipients excess shelter costs deduction.(2) Prohibits a county human services agency from requesting additional documents to verify excess shelter costs, except when the reported shelter costs are questionable.(b) 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 and administer this section through all-county letters or similar instructions.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to prevent nearly 400,000 elderly or disabled recipients of federal Supplemental Security Income benefits or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, who are newly eligible to receive CalFresh benefits pursuant to the Budget Act of 2018, from being delayed in their application for food aid, it is necessary for this act to take effect immediately.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. It is the intent of the Legislature in enacting this act to support an increase in CalFresh benefits for low-income working families by simplifying the verification of their shelter expenses.

SECTION 1. It is the intent of the Legislature in enacting this act to support an increase in CalFresh benefits for low-income working families by simplifying the verification of their shelter expenses.

SECTION 1. It is the intent of the Legislature in enacting this act to support an increase in CalFresh benefits for low-income working families by simplifying the verification of their shelter expenses.

### SECTION 1.

SEC. 2. Section 18901.15 is added to the Welfare and Institutions Code, immediately following Section 18901.1, to read:18901.15. (a) The department shall issue guidance to counties that does both of the following:(1) Establishes that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form shall be sufficient for purposes of determining the applicants or recipients excess shelter costs deduction.(2) Prohibits a county human services agency from requesting additional documents to verify excess shelter costs, except when the reported shelter costs are questionable.(b) 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 and administer this section through all-county letters or similar instructions.

SEC. 2. Section 18901.15 is added to the Welfare and Institutions Code, immediately following Section 18901.1, to read:

### SEC. 2.

18901.15. (a) The department shall issue guidance to counties that does both of the following:(1) Establishes that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form shall be sufficient for purposes of determining the applicants or recipients excess shelter costs deduction.(2) Prohibits a county human services agency from requesting additional documents to verify excess shelter costs, except when the reported shelter costs are questionable.(b) 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 and administer this section through all-county letters or similar instructions.

18901.15. (a) The department shall issue guidance to counties that does both of the following:(1) Establishes that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form shall be sufficient for purposes of determining the applicants or recipients excess shelter costs deduction.(2) Prohibits a county human services agency from requesting additional documents to verify excess shelter costs, except when the reported shelter costs are questionable.(b) 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 and administer this section through all-county letters or similar instructions.

18901.15. (a) The department shall issue guidance to counties that does both of the following:(1) Establishes that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form shall be sufficient for purposes of determining the applicants or recipients excess shelter costs deduction.(2) Prohibits a county human services agency from requesting additional documents to verify excess shelter costs, except when the reported shelter costs are questionable.(b) 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 and administer this section through all-county letters or similar instructions.



18901.15. (a) The department shall issue guidance to counties that does both of the following:

(1) Establishes that shelter costs reported by an applicant or recipient on a signed CalFresh application or semiannual report form shall be sufficient for purposes of determining the applicants or recipients excess shelter costs deduction.

(2) Prohibits a county human services agency from requesting additional documents to verify excess shelter costs, except when the reported shelter costs are questionable.

(b) 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 and administer this section through all-county letters or similar instructions.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to prevent nearly 400,000 elderly or disabled recipients of federal Supplemental Security Income benefits or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, who are newly eligible to receive CalFresh benefits pursuant to the Budget Act of 2018, from being delayed in their application for food aid, it is necessary for this act to take effect immediately.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to prevent nearly 400,000 elderly or disabled recipients of federal Supplemental Security Income benefits or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, who are newly eligible to receive CalFresh benefits pursuant to the Budget Act of 2018, from being delayed in their application for food aid, it is necessary for this act to take effect immediately.

SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

### SEC. 3.

In order to prevent nearly 400,000 elderly or disabled recipients of federal Supplemental Security Income benefits or State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, who are newly eligible to receive CalFresh benefits pursuant to the Budget Act of 2018, from being delayed in their application for food aid, it is necessary for this act to take effect immediately.