Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1341Introduced by Senator CorteseFebruary 18, 2022An act to amend Section 18900.5 of the Welfare and Institutions Code, relating to CalFresh. An act to add and repeal Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code, to add and repeal Section 17141.6 of the Revenue and Taxation Code, and to add and repeal Section 10007 of, and to add and repeal Chapter 8 (commencing with Section 8280) of Division 8 of, the Welfare and Institutions Code, relating to homeless pupils.LEGISLATIVE COUNSEL'S DIGESTSB 1341, as amended, Cortese. CalFresh. Homeless pupils: California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.(1) Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies throughout the state provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Pupils who seek to continue their education in postsecondary educational institutions, and who wish to apply for financial aid, are generally required to apply for this aid through certain standardized forms, which, for most pupils, include the Free Application for Federal Student Aid and, for certain pupils, include the California Dream Act application.This bill, until August 1, 2024, subject to an appropriation by the Legislature for this purpose, would establish the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program. The program would award public school pupils who are in grade 12, have completed a Free Application for Federal Student Aid or California Dream Act application, and are homeless children or youths guaranteed income each month for at least 4 months from April 1, 2023, to August 1, 2023, inclusive, as provided. The bill would establish the California SOAR Guaranteed Income Fund as the initial depository of all moneys appropriated, donated, or otherwise received for the program, and upon appropriation by the Legislature, would provide moneys in the fund to eligible participants.(2) The Personal Income Tax Law imposes taxes based upon taxable income at specified rates. Existing law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded. Existing law, beginning on or after January 1, 2015, in modified conformity with federal income tax law, allows an earned income tax credit, the California Earned Income Tax Credit, against personal income tax.This bill, for the taxable year beginning on January 1, 2023, would exclude from gross income, for purposes of the personal income tax, any amount received as an award pursuant to the California SOAR Guaranteed Income Program. The bill, for the taxable year beginning on January 1, 2023, would additionally provide that the amount awarded is not earned income for purposes of eligibility for the California Earned Income Tax Credit.(3) Existing law establishes various public social services programs to provide eligible recipients with certain benefits, including, but not limited to, cash assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program, nutrition assistance under the CalFresh program, and health care services under the Medi-Cal program. Under existing law, those programs, among others, are in part federally funded and governed by federal eligibility criteria, including specified income or resource limits.This bill, until August 1, 2024, would prohibit any award received by a student through the California SOAR Guaranteed Income Program from being considered income or resources for purposes of determining the students, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program, including certain public social services programs. The bill would condition implementation of this provision on not conflicting with federal law, or receipt of any necessary federal waivers or exemptions and the availability of any applicable federal financial participation, as specified.The bill, until August 1, 2024, would require the unspecified administering entity, in consultation with stakeholders and the Legislature, to identify the CalWORKs, CalFresh, and Medi-Cal programs and any other state program that implements a federal means-tested program and that would require an exemption or waiver. The bill, until August 1, 2024, would require a state department or agency that administers a program identified by the unspecified administering entity, or by the department or agency itself, to approve an exemption or waiver or to seek one from the federal government. If the state fails to receive the necessary federal exemption or waiver, the bill would authorize the unspecified administering entity to consider alternatives to prevent adverse consequences for California SOAR Guaranteed Income Program participants.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. Existing law makes a recipient of Supplemental Security Income/State Supplementary Payment Program (SSI/SSP) benefits eligible for CalFresh benefits on and after a specified date if the recipient is otherwise eligible for CalFresh benefits.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 5.7 (commencing with Section 48870) is added to Part 27 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 5.7. California SOAR Guaranteed Income Program48870. This chapter shall be known, and may be cited, as the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.48871. As used in this chapter, the following definitions apply:(a) Administrator means ____.(b) Award means guaranteed income provided to an eligible participant for at least four months pursuant to this chapter.(c) Guaranteed income means unconditional monetary payments issued monthly with the intention of ensuring the economic security of recipients.(d) Eligible participant means a public school pupil who is in grade 12, has completed a Free Application for Federal Student Aid or California Dream Act application, and is a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).(e) Fund means the California SOAR Guaranteed Income Fund established pursuant to this chapter.(f) Program means the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to this chapter.48872. (a) Subject to an appropriation by the Legislature for purposes of this chapter, the administrator shall establish the California SOAR Guaranteed Income Program. Under the program, an eligible participant shall receive a guaranteed income of ____ dollars ($____) each month from April 1, 2023, to August 1, 2023, inclusive, unless extended by a statute or the administrator.(b) The California SOAR Guaranteed Income Fund is hereby established as the initial depository of all moneys appropriated, donated, or otherwise received for the program. Upon appropriation by the Legislature, the administrator shall distribute moneys in the fund to eligible participants in accordance with this chapter. The administrator shall administer the fund.(c) For purposes of administering the program, the administrator may accept in-kind contributions, including, but not limited to, financial mentorship services for participants.48873. An award shall not be considered financial aid. An award shall not be considered income for financial aid or other purposes and shall not negatively impact the award recipients eligibility for future financial aid. The Student Aid Commission shall seek federal waivers or exemptions in order for the award to be excluded from consideration as expected financial assistance for purposes of state and federal student financial aid should the program be extended through the 202324 academic year.48874. The administrator shall work with at least one independent, research-based institution to identify existing, and establish new, program outcome measurements. These measurements shall inform an evaluation report. The administrator shall submit the evaluation report to the Legislature, pursuant to Section 9795 of the Government Code, upon the conclusion of the program. The evaluation report shall include educational and economic security outcomes for award recipients, models used, and measures specific to the objectives of the program. Notwithstanding any other law, the administrator may accept and expend funds from nongovernment sources for purposes of preparing the evaluation report, a longitudinal study of the program that is in addition to the report, or both.48875. The administrator shall be responsible for promulgating rules and regulations governing the administration of the program and fund.48876. This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SEC. 2. Section 17141.6 is added to the Revenue and Taxation Code, to read:17141.6. (a) For the taxable year beginning on January 1, 2023, gross income does not include any amount received as an award pursuant to the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code.(b) For the taxable year beginning on January 1, 2023, any amount received as an award pursuant to the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052.(c) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SEC. 3. Chapter 8 (commencing with Section 8280) is added to Division 8 of the Welfare and Institutions Code, to read: CHAPTER 8. Awards Under the California SOAR Guaranteed Income Program8280. (a) Notwithstanding any other law, any amount received by an individual as an award through the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program. With respect to a state or local program, this subdivision shall be implemented only to the extent that it does not conflict with federal law relating to that program, or to the extent that any necessary waivers or exemptions are obtained pursuant to subdivision (b) and that federal financial participation, if applicable, is available and is not otherwise jeopardized.(b) The California SOAR Guaranteed Income Program administrator, in consultation with stakeholders and the Legislature, shall identify the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, the Medi-Cal program, and any other state program that implements a federal means-tested program and that would require an exemption or waiver in order for an award described in subdivision (a) to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the California SOAR Guaranteed Income Program administrator or that the department or agency itself identifies shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department or agency, to exclude the award from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, shall seek a federal waiver or exemption. The states failure to be granted a federal exemption or waiver, as described in this subdivision, shall not affect the ability of the administrator to administer the California SOAR Guaranteed Income Program, and the administrator may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.(c) This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SEC. 4. Section 10007 is added to the Welfare and Institutions Code, to read:10007. (a) Subject to the limitations and conditions described in Section 8280, any amount received by an individual as an award through the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under a state or local means-tested public social services program described in this division.(b) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SECTION 1.Section 18900.5 of the Welfare and Institutions Code is amended to read:18900.5.(a)It is the intent of the Legislature in enacting this section that recipients of Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, may receive CalFresh benefits if otherwise eligible. Households described in this section and Sections 18900.6 and 18900.7 shall include households receiving benefits pursuant to Chapter 10.1 (commencing with Section 18930). It is the intent of the Legislature to continue funding a hold harmless for populations described in Sections 18900.6 and 18900.7 beyond 201819, until natural program attrition within these populations negates the need for additional funding. It is the intent of the Legislature to provide ongoing funding for county administration for implementation of this section and funding for county administration for implementation of the hold harmless pursuant to Sections 18900.6 and 18900.7 for the duration of the hold harmless enacted by either of those sections.(b)The department shall notify the federal Commissioner of Social Security and the Secretary of the United States Department of Agriculture that the Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 do not include the bonus value of food stamps, as described in subdivision (g) of Section 2015 of Title 7 of the United States Code, effective June 1, 2019, unless the department notifies the Department of Finance that automation will not be complete by that date, in which case the department shall notify the Department of Finance of the date automation will be complete and the alternate implementation date, which shall be no later than August 1, 2019. No later than August 1, 2018, the department shall provide counties with instructions necessary to complete automation related to implementation of this section and Sections 18900.6 and 18900.7 by August 1, 2019.(c)Subdivision (b) shall be implemented as follows:(1)As of June 1, 2019, or the alternate implementation date described in subdivision (b), an individual who is otherwise eligible for CalFresh benefits and who is not in an existing CalFresh household as an excluded member, shall become eligible for CalFresh benefits notwithstanding that the individual is a recipient of Supplemental Security Income/State Supplementary Payment Program benefits provided pursuant to Chapter 3 (commencing with Section 12000) of Part 3.(2)(A)For all existing CalFresh households as of June 1, 2019, or the alternate implementation date described in subdivision (b), that as a result of subdivision (b) include a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, the county welfare department shall implement this provision by adding that individual, or those individuals, to the existing CalFresh household, and determining continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930), at the next periodic report or recertification, as described in Sections 18910 and 18910.1. This shall include households that temporarily lose their eligibility on or before the date when the SSI recipient would be added and have their benefits restored within 30 days of that date based on good cause or providing the necessary information to restore eligibility.(B)Notwithstanding subparagraph (A), an existing CalFresh household described in that subparagraph may request, at any time following June 1, 2019, or the alternate implementation date described in subdivision (b), and before the next periodic report or recertification, that a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, be added to the CalFresh household. Upon this request, the county welfare department shall determine continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930).(3)(A)For a new CalFresh household enrolled within six calendar months of June 1, 2019, or the alternate implementation date described in subdivision (b), which consists entirely of individuals receiving Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 and is eligible for a certification period of 24 or 36 months, the households initial certification period may be no more than six months shorter than the maximum period allowable to help spread the workload of periodic reports and recertifications, and manage caseload relative to timeliness and accuracy standards.(B)For a CalFresh household that is not described in subparagraph (A), the households certification period shall be the maximum allowed by federal law for the household type, unless the county complies with subdivision (b) of Section 18910, or, on a case-by-case basis only, the households individual circumstances require a shorter certification period.(d)This section and Sections 18900.6 and 18900.7 shall be implemented by the department in consultation with stakeholders and counties. Beginning July 1, 2018, and quarterly thereafter through June 2019, or the alternate implementation date described in subdivision (b), the department shall convene discussions with the Legislature regarding implementation.
Amended IN Senate March 16, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1341Introduced by Senator CorteseFebruary 18, 2022An act to amend Section 18900.5 of the Welfare and Institutions Code, relating to CalFresh. An act to add and repeal Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code, to add and repeal Section 17141.6 of the Revenue and Taxation Code, and to add and repeal Section 10007 of, and to add and repeal Chapter 8 (commencing with Section 8280) of Division 8 of, the Welfare and Institutions Code, relating to homeless pupils.LEGISLATIVE COUNSEL'S DIGESTSB 1341, as amended, Cortese. CalFresh. Homeless pupils: California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.(1) Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies throughout the state provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Pupils who seek to continue their education in postsecondary educational institutions, and who wish to apply for financial aid, are generally required to apply for this aid through certain standardized forms, which, for most pupils, include the Free Application for Federal Student Aid and, for certain pupils, include the California Dream Act application.This bill, until August 1, 2024, subject to an appropriation by the Legislature for this purpose, would establish the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program. The program would award public school pupils who are in grade 12, have completed a Free Application for Federal Student Aid or California Dream Act application, and are homeless children or youths guaranteed income each month for at least 4 months from April 1, 2023, to August 1, 2023, inclusive, as provided. The bill would establish the California SOAR Guaranteed Income Fund as the initial depository of all moneys appropriated, donated, or otherwise received for the program, and upon appropriation by the Legislature, would provide moneys in the fund to eligible participants.(2) The Personal Income Tax Law imposes taxes based upon taxable income at specified rates. Existing law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded. Existing law, beginning on or after January 1, 2015, in modified conformity with federal income tax law, allows an earned income tax credit, the California Earned Income Tax Credit, against personal income tax.This bill, for the taxable year beginning on January 1, 2023, would exclude from gross income, for purposes of the personal income tax, any amount received as an award pursuant to the California SOAR Guaranteed Income Program. The bill, for the taxable year beginning on January 1, 2023, would additionally provide that the amount awarded is not earned income for purposes of eligibility for the California Earned Income Tax Credit.(3) Existing law establishes various public social services programs to provide eligible recipients with certain benefits, including, but not limited to, cash assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program, nutrition assistance under the CalFresh program, and health care services under the Medi-Cal program. Under existing law, those programs, among others, are in part federally funded and governed by federal eligibility criteria, including specified income or resource limits.This bill, until August 1, 2024, would prohibit any award received by a student through the California SOAR Guaranteed Income Program from being considered income or resources for purposes of determining the students, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program, including certain public social services programs. The bill would condition implementation of this provision on not conflicting with federal law, or receipt of any necessary federal waivers or exemptions and the availability of any applicable federal financial participation, as specified.The bill, until August 1, 2024, would require the unspecified administering entity, in consultation with stakeholders and the Legislature, to identify the CalWORKs, CalFresh, and Medi-Cal programs and any other state program that implements a federal means-tested program and that would require an exemption or waiver. The bill, until August 1, 2024, would require a state department or agency that administers a program identified by the unspecified administering entity, or by the department or agency itself, to approve an exemption or waiver or to seek one from the federal government. If the state fails to receive the necessary federal exemption or waiver, the bill would authorize the unspecified administering entity to consider alternatives to prevent adverse consequences for California SOAR Guaranteed Income Program participants.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. Existing law makes a recipient of Supplemental Security Income/State Supplementary Payment Program (SSI/SSP) benefits eligible for CalFresh benefits on and after a specified date if the recipient is otherwise eligible for CalFresh benefits.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Senate March 16, 2022
Amended IN Senate March 16, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1341
Introduced by Senator CorteseFebruary 18, 2022
Introduced by Senator Cortese
February 18, 2022
An act to amend Section 18900.5 of the Welfare and Institutions Code, relating to CalFresh. An act to add and repeal Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code, to add and repeal Section 17141.6 of the Revenue and Taxation Code, and to add and repeal Section 10007 of, and to add and repeal Chapter 8 (commencing with Section 8280) of Division 8 of, the Welfare and Institutions Code, relating to homeless pupils.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1341, as amended, Cortese. CalFresh. Homeless pupils: California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.
(1) Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies throughout the state provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Pupils who seek to continue their education in postsecondary educational institutions, and who wish to apply for financial aid, are generally required to apply for this aid through certain standardized forms, which, for most pupils, include the Free Application for Federal Student Aid and, for certain pupils, include the California Dream Act application.This bill, until August 1, 2024, subject to an appropriation by the Legislature for this purpose, would establish the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program. The program would award public school pupils who are in grade 12, have completed a Free Application for Federal Student Aid or California Dream Act application, and are homeless children or youths guaranteed income each month for at least 4 months from April 1, 2023, to August 1, 2023, inclusive, as provided. The bill would establish the California SOAR Guaranteed Income Fund as the initial depository of all moneys appropriated, donated, or otherwise received for the program, and upon appropriation by the Legislature, would provide moneys in the fund to eligible participants.(2) The Personal Income Tax Law imposes taxes based upon taxable income at specified rates. Existing law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded. Existing law, beginning on or after January 1, 2015, in modified conformity with federal income tax law, allows an earned income tax credit, the California Earned Income Tax Credit, against personal income tax.This bill, for the taxable year beginning on January 1, 2023, would exclude from gross income, for purposes of the personal income tax, any amount received as an award pursuant to the California SOAR Guaranteed Income Program. The bill, for the taxable year beginning on January 1, 2023, would additionally provide that the amount awarded is not earned income for purposes of eligibility for the California Earned Income Tax Credit.(3) Existing law establishes various public social services programs to provide eligible recipients with certain benefits, including, but not limited to, cash assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program, nutrition assistance under the CalFresh program, and health care services under the Medi-Cal program. Under existing law, those programs, among others, are in part federally funded and governed by federal eligibility criteria, including specified income or resource limits.This bill, until August 1, 2024, would prohibit any award received by a student through the California SOAR Guaranteed Income Program from being considered income or resources for purposes of determining the students, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program, including certain public social services programs. The bill would condition implementation of this provision on not conflicting with federal law, or receipt of any necessary federal waivers or exemptions and the availability of any applicable federal financial participation, as specified.The bill, until August 1, 2024, would require the unspecified administering entity, in consultation with stakeholders and the Legislature, to identify the CalWORKs, CalFresh, and Medi-Cal programs and any other state program that implements a federal means-tested program and that would require an exemption or waiver. The bill, until August 1, 2024, would require a state department or agency that administers a program identified by the unspecified administering entity, or by the department or agency itself, to approve an exemption or waiver or to seek one from the federal government. If the state fails to receive the necessary federal exemption or waiver, the bill would authorize the unspecified administering entity to consider alternatives to prevent adverse consequences for California SOAR Guaranteed Income Program participants.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. Existing law makes a recipient of Supplemental Security Income/State Supplementary Payment Program (SSI/SSP) benefits eligible for CalFresh benefits on and after a specified date if the recipient is otherwise eligible for CalFresh benefits.This bill would make technical, nonsubstantive changes to those provisions.
(1) Existing law establishes a system of public elementary and secondary education in this state. Under this system, local educational agencies throughout the state provide instruction and other services to pupils in kindergarten and grades 1 to 12, inclusive. Pupils who seek to continue their education in postsecondary educational institutions, and who wish to apply for financial aid, are generally required to apply for this aid through certain standardized forms, which, for most pupils, include the Free Application for Federal Student Aid and, for certain pupils, include the California Dream Act application.
This bill, until August 1, 2024, subject to an appropriation by the Legislature for this purpose, would establish the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program. The program would award public school pupils who are in grade 12, have completed a Free Application for Federal Student Aid or California Dream Act application, and are homeless children or youths guaranteed income each month for at least 4 months from April 1, 2023, to August 1, 2023, inclusive, as provided. The bill would establish the California SOAR Guaranteed Income Fund as the initial depository of all moneys appropriated, donated, or otherwise received for the program, and upon appropriation by the Legislature, would provide moneys in the fund to eligible participants.
(2) The Personal Income Tax Law imposes taxes based upon taxable income at specified rates. Existing law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded. Existing law, beginning on or after January 1, 2015, in modified conformity with federal income tax law, allows an earned income tax credit, the California Earned Income Tax Credit, against personal income tax.
This bill, for the taxable year beginning on January 1, 2023, would exclude from gross income, for purposes of the personal income tax, any amount received as an award pursuant to the California SOAR Guaranteed Income Program. The bill, for the taxable year beginning on January 1, 2023, would additionally provide that the amount awarded is not earned income for purposes of eligibility for the California Earned Income Tax Credit.
(3) Existing law establishes various public social services programs to provide eligible recipients with certain benefits, including, but not limited to, cash assistance under the California Work Opportunity and Responsibility to Kids (CalWORKs) program, nutrition assistance under the CalFresh program, and health care services under the Medi-Cal program. Under existing law, those programs, among others, are in part federally funded and governed by federal eligibility criteria, including specified income or resource limits.
This bill, until August 1, 2024, would prohibit any award received by a student through the California SOAR Guaranteed Income Program from being considered income or resources for purposes of determining the students, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program, including certain public social services programs. The bill would condition implementation of this provision on not conflicting with federal law, or receipt of any necessary federal waivers or exemptions and the availability of any applicable federal financial participation, as specified.
The bill, until August 1, 2024, would require the unspecified administering entity, in consultation with stakeholders and the Legislature, to identify the CalWORKs, CalFresh, and Medi-Cal programs and any other state program that implements a federal means-tested program and that would require an exemption or waiver. The bill, until August 1, 2024, would require a state department or agency that administers a program identified by the unspecified administering entity, or by the department or agency itself, to approve an exemption or waiver or to seek one from the federal government. If the state fails to receive the necessary federal exemption or waiver, the bill would authorize the unspecified administering entity to consider alternatives to prevent adverse consequences for California SOAR Guaranteed Income Program participants.
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. Existing law makes a recipient of Supplemental Security Income/State Supplementary Payment Program (SSI/SSP) benefits eligible for CalFresh benefits on and after a specified date if the recipient is otherwise eligible for CalFresh benefits.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 5.7 (commencing with Section 48870) is added to Part 27 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 5.7. California SOAR Guaranteed Income Program48870. This chapter shall be known, and may be cited, as the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.48871. As used in this chapter, the following definitions apply:(a) Administrator means ____.(b) Award means guaranteed income provided to an eligible participant for at least four months pursuant to this chapter.(c) Guaranteed income means unconditional monetary payments issued monthly with the intention of ensuring the economic security of recipients.(d) Eligible participant means a public school pupil who is in grade 12, has completed a Free Application for Federal Student Aid or California Dream Act application, and is a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).(e) Fund means the California SOAR Guaranteed Income Fund established pursuant to this chapter.(f) Program means the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to this chapter.48872. (a) Subject to an appropriation by the Legislature for purposes of this chapter, the administrator shall establish the California SOAR Guaranteed Income Program. Under the program, an eligible participant shall receive a guaranteed income of ____ dollars ($____) each month from April 1, 2023, to August 1, 2023, inclusive, unless extended by a statute or the administrator.(b) The California SOAR Guaranteed Income Fund is hereby established as the initial depository of all moneys appropriated, donated, or otherwise received for the program. Upon appropriation by the Legislature, the administrator shall distribute moneys in the fund to eligible participants in accordance with this chapter. The administrator shall administer the fund.(c) For purposes of administering the program, the administrator may accept in-kind contributions, including, but not limited to, financial mentorship services for participants.48873. An award shall not be considered financial aid. An award shall not be considered income for financial aid or other purposes and shall not negatively impact the award recipients eligibility for future financial aid. The Student Aid Commission shall seek federal waivers or exemptions in order for the award to be excluded from consideration as expected financial assistance for purposes of state and federal student financial aid should the program be extended through the 202324 academic year.48874. The administrator shall work with at least one independent, research-based institution to identify existing, and establish new, program outcome measurements. These measurements shall inform an evaluation report. The administrator shall submit the evaluation report to the Legislature, pursuant to Section 9795 of the Government Code, upon the conclusion of the program. The evaluation report shall include educational and economic security outcomes for award recipients, models used, and measures specific to the objectives of the program. Notwithstanding any other law, the administrator may accept and expend funds from nongovernment sources for purposes of preparing the evaluation report, a longitudinal study of the program that is in addition to the report, or both.48875. The administrator shall be responsible for promulgating rules and regulations governing the administration of the program and fund.48876. This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SEC. 2. Section 17141.6 is added to the Revenue and Taxation Code, to read:17141.6. (a) For the taxable year beginning on January 1, 2023, gross income does not include any amount received as an award pursuant to the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code.(b) For the taxable year beginning on January 1, 2023, any amount received as an award pursuant to the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052.(c) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SEC. 3. Chapter 8 (commencing with Section 8280) is added to Division 8 of the Welfare and Institutions Code, to read: CHAPTER 8. Awards Under the California SOAR Guaranteed Income Program8280. (a) Notwithstanding any other law, any amount received by an individual as an award through the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program. With respect to a state or local program, this subdivision shall be implemented only to the extent that it does not conflict with federal law relating to that program, or to the extent that any necessary waivers or exemptions are obtained pursuant to subdivision (b) and that federal financial participation, if applicable, is available and is not otherwise jeopardized.(b) The California SOAR Guaranteed Income Program administrator, in consultation with stakeholders and the Legislature, shall identify the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, the Medi-Cal program, and any other state program that implements a federal means-tested program and that would require an exemption or waiver in order for an award described in subdivision (a) to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the California SOAR Guaranteed Income Program administrator or that the department or agency itself identifies shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department or agency, to exclude the award from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, shall seek a federal waiver or exemption. The states failure to be granted a federal exemption or waiver, as described in this subdivision, shall not affect the ability of the administrator to administer the California SOAR Guaranteed Income Program, and the administrator may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.(c) This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SEC. 4. Section 10007 is added to the Welfare and Institutions Code, to read:10007. (a) Subject to the limitations and conditions described in Section 8280, any amount received by an individual as an award through the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under a state or local means-tested public social services program described in this division.(b) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.SECTION 1.Section 18900.5 of the Welfare and Institutions Code is amended to read:18900.5.(a)It is the intent of the Legislature in enacting this section that recipients of Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, may receive CalFresh benefits if otherwise eligible. Households described in this section and Sections 18900.6 and 18900.7 shall include households receiving benefits pursuant to Chapter 10.1 (commencing with Section 18930). It is the intent of the Legislature to continue funding a hold harmless for populations described in Sections 18900.6 and 18900.7 beyond 201819, until natural program attrition within these populations negates the need for additional funding. It is the intent of the Legislature to provide ongoing funding for county administration for implementation of this section and funding for county administration for implementation of the hold harmless pursuant to Sections 18900.6 and 18900.7 for the duration of the hold harmless enacted by either of those sections.(b)The department shall notify the federal Commissioner of Social Security and the Secretary of the United States Department of Agriculture that the Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 do not include the bonus value of food stamps, as described in subdivision (g) of Section 2015 of Title 7 of the United States Code, effective June 1, 2019, unless the department notifies the Department of Finance that automation will not be complete by that date, in which case the department shall notify the Department of Finance of the date automation will be complete and the alternate implementation date, which shall be no later than August 1, 2019. No later than August 1, 2018, the department shall provide counties with instructions necessary to complete automation related to implementation of this section and Sections 18900.6 and 18900.7 by August 1, 2019.(c)Subdivision (b) shall be implemented as follows:(1)As of June 1, 2019, or the alternate implementation date described in subdivision (b), an individual who is otherwise eligible for CalFresh benefits and who is not in an existing CalFresh household as an excluded member, shall become eligible for CalFresh benefits notwithstanding that the individual is a recipient of Supplemental Security Income/State Supplementary Payment Program benefits provided pursuant to Chapter 3 (commencing with Section 12000) of Part 3.(2)(A)For all existing CalFresh households as of June 1, 2019, or the alternate implementation date described in subdivision (b), that as a result of subdivision (b) include a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, the county welfare department shall implement this provision by adding that individual, or those individuals, to the existing CalFresh household, and determining continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930), at the next periodic report or recertification, as described in Sections 18910 and 18910.1. This shall include households that temporarily lose their eligibility on or before the date when the SSI recipient would be added and have their benefits restored within 30 days of that date based on good cause or providing the necessary information to restore eligibility.(B)Notwithstanding subparagraph (A), an existing CalFresh household described in that subparagraph may request, at any time following June 1, 2019, or the alternate implementation date described in subdivision (b), and before the next periodic report or recertification, that a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, be added to the CalFresh household. Upon this request, the county welfare department shall determine continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930).(3)(A)For a new CalFresh household enrolled within six calendar months of June 1, 2019, or the alternate implementation date described in subdivision (b), which consists entirely of individuals receiving Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 and is eligible for a certification period of 24 or 36 months, the households initial certification period may be no more than six months shorter than the maximum period allowable to help spread the workload of periodic reports and recertifications, and manage caseload relative to timeliness and accuracy standards.(B)For a CalFresh household that is not described in subparagraph (A), the households certification period shall be the maximum allowed by federal law for the household type, unless the county complies with subdivision (b) of Section 18910, or, on a case-by-case basis only, the households individual circumstances require a shorter certification period.(d)This section and Sections 18900.6 and 18900.7 shall be implemented by the department in consultation with stakeholders and counties. Beginning July 1, 2018, and quarterly thereafter through June 2019, or the alternate implementation date described in subdivision (b), the department shall convene discussions with the Legislature regarding implementation.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 5.7 (commencing with Section 48870) is added to Part 27 of Division 4 of Title 2 of the Education Code, to read: CHAPTER 5.7. California SOAR Guaranteed Income Program48870. This chapter shall be known, and may be cited, as the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.48871. As used in this chapter, the following definitions apply:(a) Administrator means ____.(b) Award means guaranteed income provided to an eligible participant for at least four months pursuant to this chapter.(c) Guaranteed income means unconditional monetary payments issued monthly with the intention of ensuring the economic security of recipients.(d) Eligible participant means a public school pupil who is in grade 12, has completed a Free Application for Federal Student Aid or California Dream Act application, and is a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).(e) Fund means the California SOAR Guaranteed Income Fund established pursuant to this chapter.(f) Program means the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to this chapter.48872. (a) Subject to an appropriation by the Legislature for purposes of this chapter, the administrator shall establish the California SOAR Guaranteed Income Program. Under the program, an eligible participant shall receive a guaranteed income of ____ dollars ($____) each month from April 1, 2023, to August 1, 2023, inclusive, unless extended by a statute or the administrator.(b) The California SOAR Guaranteed Income Fund is hereby established as the initial depository of all moneys appropriated, donated, or otherwise received for the program. Upon appropriation by the Legislature, the administrator shall distribute moneys in the fund to eligible participants in accordance with this chapter. The administrator shall administer the fund.(c) For purposes of administering the program, the administrator may accept in-kind contributions, including, but not limited to, financial mentorship services for participants.48873. An award shall not be considered financial aid. An award shall not be considered income for financial aid or other purposes and shall not negatively impact the award recipients eligibility for future financial aid. The Student Aid Commission shall seek federal waivers or exemptions in order for the award to be excluded from consideration as expected financial assistance for purposes of state and federal student financial aid should the program be extended through the 202324 academic year.48874. The administrator shall work with at least one independent, research-based institution to identify existing, and establish new, program outcome measurements. These measurements shall inform an evaluation report. The administrator shall submit the evaluation report to the Legislature, pursuant to Section 9795 of the Government Code, upon the conclusion of the program. The evaluation report shall include educational and economic security outcomes for award recipients, models used, and measures specific to the objectives of the program. Notwithstanding any other law, the administrator may accept and expend funds from nongovernment sources for purposes of preparing the evaluation report, a longitudinal study of the program that is in addition to the report, or both.48875. The administrator shall be responsible for promulgating rules and regulations governing the administration of the program and fund.48876. This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
SECTION 1. Chapter 5.7 (commencing with Section 48870) is added to Part 27 of Division 4 of Title 2 of the Education Code, to read:
### SECTION 1.
CHAPTER 5.7. California SOAR Guaranteed Income Program48870. This chapter shall be known, and may be cited, as the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.48871. As used in this chapter, the following definitions apply:(a) Administrator means ____.(b) Award means guaranteed income provided to an eligible participant for at least four months pursuant to this chapter.(c) Guaranteed income means unconditional monetary payments issued monthly with the intention of ensuring the economic security of recipients.(d) Eligible participant means a public school pupil who is in grade 12, has completed a Free Application for Federal Student Aid or California Dream Act application, and is a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).(e) Fund means the California SOAR Guaranteed Income Fund established pursuant to this chapter.(f) Program means the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to this chapter.48872. (a) Subject to an appropriation by the Legislature for purposes of this chapter, the administrator shall establish the California SOAR Guaranteed Income Program. Under the program, an eligible participant shall receive a guaranteed income of ____ dollars ($____) each month from April 1, 2023, to August 1, 2023, inclusive, unless extended by a statute or the administrator.(b) The California SOAR Guaranteed Income Fund is hereby established as the initial depository of all moneys appropriated, donated, or otherwise received for the program. Upon appropriation by the Legislature, the administrator shall distribute moneys in the fund to eligible participants in accordance with this chapter. The administrator shall administer the fund.(c) For purposes of administering the program, the administrator may accept in-kind contributions, including, but not limited to, financial mentorship services for participants.48873. An award shall not be considered financial aid. An award shall not be considered income for financial aid or other purposes and shall not negatively impact the award recipients eligibility for future financial aid. The Student Aid Commission shall seek federal waivers or exemptions in order for the award to be excluded from consideration as expected financial assistance for purposes of state and federal student financial aid should the program be extended through the 202324 academic year.48874. The administrator shall work with at least one independent, research-based institution to identify existing, and establish new, program outcome measurements. These measurements shall inform an evaluation report. The administrator shall submit the evaluation report to the Legislature, pursuant to Section 9795 of the Government Code, upon the conclusion of the program. The evaluation report shall include educational and economic security outcomes for award recipients, models used, and measures specific to the objectives of the program. Notwithstanding any other law, the administrator may accept and expend funds from nongovernment sources for purposes of preparing the evaluation report, a longitudinal study of the program that is in addition to the report, or both.48875. The administrator shall be responsible for promulgating rules and regulations governing the administration of the program and fund.48876. This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
CHAPTER 5.7. California SOAR Guaranteed Income Program48870. This chapter shall be known, and may be cited, as the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.48871. As used in this chapter, the following definitions apply:(a) Administrator means ____.(b) Award means guaranteed income provided to an eligible participant for at least four months pursuant to this chapter.(c) Guaranteed income means unconditional monetary payments issued monthly with the intention of ensuring the economic security of recipients.(d) Eligible participant means a public school pupil who is in grade 12, has completed a Free Application for Federal Student Aid or California Dream Act application, and is a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).(e) Fund means the California SOAR Guaranteed Income Fund established pursuant to this chapter.(f) Program means the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to this chapter.48872. (a) Subject to an appropriation by the Legislature for purposes of this chapter, the administrator shall establish the California SOAR Guaranteed Income Program. Under the program, an eligible participant shall receive a guaranteed income of ____ dollars ($____) each month from April 1, 2023, to August 1, 2023, inclusive, unless extended by a statute or the administrator.(b) The California SOAR Guaranteed Income Fund is hereby established as the initial depository of all moneys appropriated, donated, or otherwise received for the program. Upon appropriation by the Legislature, the administrator shall distribute moneys in the fund to eligible participants in accordance with this chapter. The administrator shall administer the fund.(c) For purposes of administering the program, the administrator may accept in-kind contributions, including, but not limited to, financial mentorship services for participants.48873. An award shall not be considered financial aid. An award shall not be considered income for financial aid or other purposes and shall not negatively impact the award recipients eligibility for future financial aid. The Student Aid Commission shall seek federal waivers or exemptions in order for the award to be excluded from consideration as expected financial assistance for purposes of state and federal student financial aid should the program be extended through the 202324 academic year.48874. The administrator shall work with at least one independent, research-based institution to identify existing, and establish new, program outcome measurements. These measurements shall inform an evaluation report. The administrator shall submit the evaluation report to the Legislature, pursuant to Section 9795 of the Government Code, upon the conclusion of the program. The evaluation report shall include educational and economic security outcomes for award recipients, models used, and measures specific to the objectives of the program. Notwithstanding any other law, the administrator may accept and expend funds from nongovernment sources for purposes of preparing the evaluation report, a longitudinal study of the program that is in addition to the report, or both.48875. The administrator shall be responsible for promulgating rules and regulations governing the administration of the program and fund.48876. This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
CHAPTER 5.7. California SOAR Guaranteed Income Program
CHAPTER 5.7. California SOAR Guaranteed Income Program
48870. This chapter shall be known, and may be cited, as the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.
48870. This chapter shall be known, and may be cited, as the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program.
48871. As used in this chapter, the following definitions apply:(a) Administrator means ____.(b) Award means guaranteed income provided to an eligible participant for at least four months pursuant to this chapter.(c) Guaranteed income means unconditional monetary payments issued monthly with the intention of ensuring the economic security of recipients.(d) Eligible participant means a public school pupil who is in grade 12, has completed a Free Application for Federal Student Aid or California Dream Act application, and is a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).(e) Fund means the California SOAR Guaranteed Income Fund established pursuant to this chapter.(f) Program means the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to this chapter.
48871. As used in this chapter, the following definitions apply:
(a) Administrator means ____.
(b) Award means guaranteed income provided to an eligible participant for at least four months pursuant to this chapter.
(c) Guaranteed income means unconditional monetary payments issued monthly with the intention of ensuring the economic security of recipients.
(d) Eligible participant means a public school pupil who is in grade 12, has completed a Free Application for Federal Student Aid or California Dream Act application, and is a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
(e) Fund means the California SOAR Guaranteed Income Fund established pursuant to this chapter.
(f) Program means the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to this chapter.
48872. (a) Subject to an appropriation by the Legislature for purposes of this chapter, the administrator shall establish the California SOAR Guaranteed Income Program. Under the program, an eligible participant shall receive a guaranteed income of ____ dollars ($____) each month from April 1, 2023, to August 1, 2023, inclusive, unless extended by a statute or the administrator.(b) The California SOAR Guaranteed Income Fund is hereby established as the initial depository of all moneys appropriated, donated, or otherwise received for the program. Upon appropriation by the Legislature, the administrator shall distribute moneys in the fund to eligible participants in accordance with this chapter. The administrator shall administer the fund.(c) For purposes of administering the program, the administrator may accept in-kind contributions, including, but not limited to, financial mentorship services for participants.
48872. (a) Subject to an appropriation by the Legislature for purposes of this chapter, the administrator shall establish the California SOAR Guaranteed Income Program. Under the program, an eligible participant shall receive a guaranteed income of ____ dollars ($____) each month from April 1, 2023, to August 1, 2023, inclusive, unless extended by a statute or the administrator.
(b) The California SOAR Guaranteed Income Fund is hereby established as the initial depository of all moneys appropriated, donated, or otherwise received for the program. Upon appropriation by the Legislature, the administrator shall distribute moneys in the fund to eligible participants in accordance with this chapter. The administrator shall administer the fund.
(c) For purposes of administering the program, the administrator may accept in-kind contributions, including, but not limited to, financial mentorship services for participants.
48873. An award shall not be considered financial aid. An award shall not be considered income for financial aid or other purposes and shall not negatively impact the award recipients eligibility for future financial aid. The Student Aid Commission shall seek federal waivers or exemptions in order for the award to be excluded from consideration as expected financial assistance for purposes of state and federal student financial aid should the program be extended through the 202324 academic year.
48873. An award shall not be considered financial aid. An award shall not be considered income for financial aid or other purposes and shall not negatively impact the award recipients eligibility for future financial aid. The Student Aid Commission shall seek federal waivers or exemptions in order for the award to be excluded from consideration as expected financial assistance for purposes of state and federal student financial aid should the program be extended through the 202324 academic year.
48874. The administrator shall work with at least one independent, research-based institution to identify existing, and establish new, program outcome measurements. These measurements shall inform an evaluation report. The administrator shall submit the evaluation report to the Legislature, pursuant to Section 9795 of the Government Code, upon the conclusion of the program. The evaluation report shall include educational and economic security outcomes for award recipients, models used, and measures specific to the objectives of the program. Notwithstanding any other law, the administrator may accept and expend funds from nongovernment sources for purposes of preparing the evaluation report, a longitudinal study of the program that is in addition to the report, or both.
48874. The administrator shall work with at least one independent, research-based institution to identify existing, and establish new, program outcome measurements. These measurements shall inform an evaluation report. The administrator shall submit the evaluation report to the Legislature, pursuant to Section 9795 of the Government Code, upon the conclusion of the program. The evaluation report shall include educational and economic security outcomes for award recipients, models used, and measures specific to the objectives of the program. Notwithstanding any other law, the administrator may accept and expend funds from nongovernment sources for purposes of preparing the evaluation report, a longitudinal study of the program that is in addition to the report, or both.
48875. The administrator shall be responsible for promulgating rules and regulations governing the administration of the program and fund.
48875. The administrator shall be responsible for promulgating rules and regulations governing the administration of the program and fund.
48876. This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
48876. This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 2. Section 17141.6 is added to the Revenue and Taxation Code, to read:17141.6. (a) For the taxable year beginning on January 1, 2023, gross income does not include any amount received as an award pursuant to the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code.(b) For the taxable year beginning on January 1, 2023, any amount received as an award pursuant to the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052.(c) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 2. Section 17141.6 is added to the Revenue and Taxation Code, to read:
### SEC. 2.
17141.6. (a) For the taxable year beginning on January 1, 2023, gross income does not include any amount received as an award pursuant to the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code.(b) For the taxable year beginning on January 1, 2023, any amount received as an award pursuant to the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052.(c) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
17141.6. (a) For the taxable year beginning on January 1, 2023, gross income does not include any amount received as an award pursuant to the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code.(b) For the taxable year beginning on January 1, 2023, any amount received as an award pursuant to the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052.(c) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
17141.6. (a) For the taxable year beginning on January 1, 2023, gross income does not include any amount received as an award pursuant to the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code.(b) For the taxable year beginning on January 1, 2023, any amount received as an award pursuant to the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052.(c) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
17141.6. (a) For the taxable year beginning on January 1, 2023, gross income does not include any amount received as an award pursuant to the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code.
(b) For the taxable year beginning on January 1, 2023, any amount received as an award pursuant to the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered earned income for purposes of eligibility for the California Earned Income Tax Credit pursuant to Section 17052.
(c) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 3. Chapter 8 (commencing with Section 8280) is added to Division 8 of the Welfare and Institutions Code, to read: CHAPTER 8. Awards Under the California SOAR Guaranteed Income Program8280. (a) Notwithstanding any other law, any amount received by an individual as an award through the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program. With respect to a state or local program, this subdivision shall be implemented only to the extent that it does not conflict with federal law relating to that program, or to the extent that any necessary waivers or exemptions are obtained pursuant to subdivision (b) and that federal financial participation, if applicable, is available and is not otherwise jeopardized.(b) The California SOAR Guaranteed Income Program administrator, in consultation with stakeholders and the Legislature, shall identify the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, the Medi-Cal program, and any other state program that implements a federal means-tested program and that would require an exemption or waiver in order for an award described in subdivision (a) to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the California SOAR Guaranteed Income Program administrator or that the department or agency itself identifies shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department or agency, to exclude the award from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, shall seek a federal waiver or exemption. The states failure to be granted a federal exemption or waiver, as described in this subdivision, shall not affect the ability of the administrator to administer the California SOAR Guaranteed Income Program, and the administrator may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.(c) This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 3. Chapter 8 (commencing with Section 8280) is added to Division 8 of the Welfare and Institutions Code, to read:
### SEC. 3.
CHAPTER 8. Awards Under the California SOAR Guaranteed Income Program8280. (a) Notwithstanding any other law, any amount received by an individual as an award through the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program. With respect to a state or local program, this subdivision shall be implemented only to the extent that it does not conflict with federal law relating to that program, or to the extent that any necessary waivers or exemptions are obtained pursuant to subdivision (b) and that federal financial participation, if applicable, is available and is not otherwise jeopardized.(b) The California SOAR Guaranteed Income Program administrator, in consultation with stakeholders and the Legislature, shall identify the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, the Medi-Cal program, and any other state program that implements a federal means-tested program and that would require an exemption or waiver in order for an award described in subdivision (a) to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the California SOAR Guaranteed Income Program administrator or that the department or agency itself identifies shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department or agency, to exclude the award from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, shall seek a federal waiver or exemption. The states failure to be granted a federal exemption or waiver, as described in this subdivision, shall not affect the ability of the administrator to administer the California SOAR Guaranteed Income Program, and the administrator may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.(c) This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
CHAPTER 8. Awards Under the California SOAR Guaranteed Income Program8280. (a) Notwithstanding any other law, any amount received by an individual as an award through the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program. With respect to a state or local program, this subdivision shall be implemented only to the extent that it does not conflict with federal law relating to that program, or to the extent that any necessary waivers or exemptions are obtained pursuant to subdivision (b) and that federal financial participation, if applicable, is available and is not otherwise jeopardized.(b) The California SOAR Guaranteed Income Program administrator, in consultation with stakeholders and the Legislature, shall identify the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, the Medi-Cal program, and any other state program that implements a federal means-tested program and that would require an exemption or waiver in order for an award described in subdivision (a) to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the California SOAR Guaranteed Income Program administrator or that the department or agency itself identifies shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department or agency, to exclude the award from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, shall seek a federal waiver or exemption. The states failure to be granted a federal exemption or waiver, as described in this subdivision, shall not affect the ability of the administrator to administer the California SOAR Guaranteed Income Program, and the administrator may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.(c) This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
CHAPTER 8. Awards Under the California SOAR Guaranteed Income Program
CHAPTER 8. Awards Under the California SOAR Guaranteed Income Program
8280. (a) Notwithstanding any other law, any amount received by an individual as an award through the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program. With respect to a state or local program, this subdivision shall be implemented only to the extent that it does not conflict with federal law relating to that program, or to the extent that any necessary waivers or exemptions are obtained pursuant to subdivision (b) and that federal financial participation, if applicable, is available and is not otherwise jeopardized.(b) The California SOAR Guaranteed Income Program administrator, in consultation with stakeholders and the Legislature, shall identify the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, the Medi-Cal program, and any other state program that implements a federal means-tested program and that would require an exemption or waiver in order for an award described in subdivision (a) to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the California SOAR Guaranteed Income Program administrator or that the department or agency itself identifies shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department or agency, to exclude the award from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, shall seek a federal waiver or exemption. The states failure to be granted a federal exemption or waiver, as described in this subdivision, shall not affect the ability of the administrator to administer the California SOAR Guaranteed Income Program, and the administrator may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.(c) This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
8280. (a) Notwithstanding any other law, any amount received by an individual as an award through the California Success, Opportunity, and Academic Resilience (SOAR) Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under any state or local means-tested program. With respect to a state or local program, this subdivision shall be implemented only to the extent that it does not conflict with federal law relating to that program, or to the extent that any necessary waivers or exemptions are obtained pursuant to subdivision (b) and that federal financial participation, if applicable, is available and is not otherwise jeopardized.
(b) The California SOAR Guaranteed Income Program administrator, in consultation with stakeholders and the Legislature, shall identify the California Work Opportunity and Responsibility to Kids (CalWORKs) program, the CalFresh program, the Medi-Cal program, and any other state program that implements a federal means-tested program and that would require an exemption or waiver in order for an award described in subdivision (a) to be excluded from consideration as income or resources for purposes of the federal program. Notwithstanding any other law, a state department or agency that administers a program identified by the California SOAR Guaranteed Income Program administrator or that the department or agency itself identifies shall, if possible, approve an exemption or waiver, or provide any other authority deemed necessary by the department or agency, to exclude the award from consideration as income or resources for purposes of the federal program, or, if the state department or agency does not have that authority, shall seek a federal waiver or exemption. The states failure to be granted a federal exemption or waiver, as described in this subdivision, shall not affect the ability of the administrator to administer the California SOAR Guaranteed Income Program, and the administrator may consider alternatives to prevent adverse consequences for participants, in consultation with the Legislature and stakeholders.
(c) This chapter shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 4. Section 10007 is added to the Welfare and Institutions Code, to read:10007. (a) Subject to the limitations and conditions described in Section 8280, any amount received by an individual as an award through the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under a state or local means-tested public social services program described in this division.(b) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
SEC. 4. Section 10007 is added to the Welfare and Institutions Code, to read:
### SEC. 4.
10007. (a) Subject to the limitations and conditions described in Section 8280, any amount received by an individual as an award through the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under a state or local means-tested public social services program described in this division.(b) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
10007. (a) Subject to the limitations and conditions described in Section 8280, any amount received by an individual as an award through the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under a state or local means-tested public social services program described in this division.(b) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
10007. (a) Subject to the limitations and conditions described in Section 8280, any amount received by an individual as an award through the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under a state or local means-tested public social services program described in this division.(b) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
10007. (a) Subject to the limitations and conditions described in Section 8280, any amount received by an individual as an award through the California SOAR Guaranteed Income Program established pursuant to Chapter 5.7 (commencing with Section 48870) of Part 27 of Division 4 of Title 2 of the Education Code shall not be considered income or resources for purposes of determining the individuals, or any member of their households, eligibility for benefits or assistance, or the amount or extent of benefits or assistance, under a state or local means-tested public social services program described in this division.
(b) This section shall become inoperative on August 1, 2024, and, as of January 1, 2025, is repealed.
(a)It is the intent of the Legislature in enacting this section that recipients of Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, may receive CalFresh benefits if otherwise eligible. Households described in this section and Sections 18900.6 and 18900.7 shall include households receiving benefits pursuant to Chapter 10.1 (commencing with Section 18930). It is the intent of the Legislature to continue funding a hold harmless for populations described in Sections 18900.6 and 18900.7 beyond 201819, until natural program attrition within these populations negates the need for additional funding. It is the intent of the Legislature to provide ongoing funding for county administration for implementation of this section and funding for county administration for implementation of the hold harmless pursuant to Sections 18900.6 and 18900.7 for the duration of the hold harmless enacted by either of those sections.
(b)The department shall notify the federal Commissioner of Social Security and the Secretary of the United States Department of Agriculture that the Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 do not include the bonus value of food stamps, as described in subdivision (g) of Section 2015 of Title 7 of the United States Code, effective June 1, 2019, unless the department notifies the Department of Finance that automation will not be complete by that date, in which case the department shall notify the Department of Finance of the date automation will be complete and the alternate implementation date, which shall be no later than August 1, 2019. No later than August 1, 2018, the department shall provide counties with instructions necessary to complete automation related to implementation of this section and Sections 18900.6 and 18900.7 by August 1, 2019.
(c)Subdivision (b) shall be implemented as follows:
(1)As of June 1, 2019, or the alternate implementation date described in subdivision (b), an individual who is otherwise eligible for CalFresh benefits and who is not in an existing CalFresh household as an excluded member, shall become eligible for CalFresh benefits notwithstanding that the individual is a recipient of Supplemental Security Income/State Supplementary Payment Program benefits provided pursuant to Chapter 3 (commencing with Section 12000) of Part 3.
(2)(A)For all existing CalFresh households as of June 1, 2019, or the alternate implementation date described in subdivision (b), that as a result of subdivision (b) include a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, the county welfare department shall implement this provision by adding that individual, or those individuals, to the existing CalFresh household, and determining continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930), at the next periodic report or recertification, as described in Sections 18910 and 18910.1. This shall include households that temporarily lose their eligibility on or before the date when the SSI recipient would be added and have their benefits restored within 30 days of that date based on good cause or providing the necessary information to restore eligibility.
(B)Notwithstanding subparagraph (A), an existing CalFresh household described in that subparagraph may request, at any time following June 1, 2019, or the alternate implementation date described in subdivision (b), and before the next periodic report or recertification, that a previously excluded individual who receives Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3, be added to the CalFresh household. Upon this request, the county welfare department shall determine continuing eligibility and benefits pursuant to Sections 18901, 18901.7, and Chapter 10.1 (commencing with Section 18930).
(3)(A)For a new CalFresh household enrolled within six calendar months of June 1, 2019, or the alternate implementation date described in subdivision (b), which consists entirely of individuals receiving Supplemental Security Income/State Supplementary Payment Program benefits provided in Chapter 3 (commencing with Section 12000) of Part 3 and is eligible for a certification period of 24 or 36 months, the households initial certification period may be no more than six months shorter than the maximum period allowable to help spread the workload of periodic reports and recertifications, and manage caseload relative to timeliness and accuracy standards.
(B)For a CalFresh household that is not described in subparagraph (A), the households certification period shall be the maximum allowed by federal law for the household type, unless the county complies with subdivision (b) of Section 18910, or, on a case-by-case basis only, the households individual circumstances require a shorter certification period.
(d)This section and Sections 18900.6 and 18900.7 shall be implemented by the department in consultation with stakeholders and counties. Beginning July 1, 2018, and quarterly thereafter through June 2019, or the alternate implementation date described in subdivision (b), the department shall convene discussions with the Legislature regarding implementation.