AB 167: CalWORKs: CalFresh: semiannual reporting.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-03-09
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds.
Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits and, at the time of redetermination, require the family to complete a certificate of eligibility. Existing law additionally requires the county to redetermine recipient eligibility and grant amounts on a semiannual basis and requires the recipient to submit a semiannual report form during the first semiannual reporting period following the application or annual redetermination of eligibility.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, under which food assistance benefits are distributed to eligible individuals by the counties. Existing law requires, to the extent permitted by federal law, the department to implement the semiannual reporting system, including use of the semiannual report form, in the CalFresh program
This bill would require the county to use either a prepopulated renewal form or a blank semiannual report form as the certificate of eligibility for the purposes of CalWORKs and CalFresh.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds.
Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits and, at the time of redetermination, require the family to complete a certificate of eligibility. Existing law additionally requires the county to redetermine recipient eligibility and grant amounts on a semiannual basis and requires the recipient to submit a semiannual report form during the first semiannual reporting period following the application or annual redetermination of eligibility.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, under which food assistance benefits are distributed to eligible individuals by the counties. Existing law requires, to the extent permitted by federal law, the department to implement the semiannual reporting system, including use of the semiannual report form, in the CalFresh program
This bill would require the county to use either a prepopulated renewal form or a blank semiannual report form as the certificate of eligibility for the purposes of CalWORKs and CalFresh.
Existing law requires each county to provide cash assistance and other social services to needy families through the California Work Opportunity and Responsibility to Kids (CalWORKs) program using federal Temporary Assistance to Needy Families (TANF) block grant program, state, and county funds.
Under existing law, the county is required to annually redetermine eligibility for CalWORKs benefits and, at the time of redetermination, require the family to complete a certificate of eligibility. Existing law additionally requires the county to redetermine recipient eligibility and grant amounts on a semiannual basis and requires the recipient to submit a semiannual report form during the first semiannual reporting period following the application or annual redetermination of eligibility.
Existing federal law provides for the federal Supplemental Nutrition Assistance Program, known in California as CalFresh, under which food assistance benefits are distributed to eligible individuals by the counties. Existing law requires, to the extent permitted by federal law, the department to implement the semiannual reporting system, including use of the semiannual report form, in the CalFresh program
This bill would require the county to use a blank semiannual report form as the certificate of eligibility for the purposes of CalWORKs and CalFresh.
(a)The county shall redetermine eligibility annually. The county shall at the time of the redetermination, and may at other intervals as may be deemed necessary, require the family to complete a certificate of eligibility containing a written declaration of the information that may be required to establish the continuing eligibility and amount of grant pursuant to Section 11004.
(b)(1)Notwithstanding any other provision of this division, the county shall use either a prepopulated renewal form or a blank semiannual report form described in Section 11265.1 as the certificate of eligibility for the purposes of CalWORKs and CalFresh. The department shall ensure that the semiannual report form contains all information required by federal law and regulation for purposes of Temporary Assistance for Needy Families (TANF) and State Nutrition Assistance Program (SNAP) eligibility.
(2)Each adult member of the family shall provide, under penalty of perjury, the information necessary to complete the certificate, or, if a prepopulated renewal form is used as the certificate, shall mark any changes to the information provided by the county.
(c)(1)If the certificate is mailed to the family, it shall be mailed no later than the end of the month prior to the month it is due and shall be accompanied by a postage-paid envelope for its return. If a complete certificate is not received by the 15th day of the month in which the certificate is due, the county shall provide the recipient with a notice that the county will terminate benefits at the end of the month. Prior to terminating benefits, the county shall attempt to make personal contact by a county worker to remind the recipient that a completed certificate is due. The certificate shall be completed with the assistance of the eligibility worker, if needed. For recipients also receiving CalFresh benefits, the certificate shall be completed pursuant to the timeframes required by federal and state law for the CalFresh program.
(2)The department may adopt regulations providing for waiver of the deadline for returning the completed certificate when the recipient is considered to be mentally or physically unable to meet the deadline.
(d)(1)This section shall become operative on April 1, 2013. A county shall implement the requirements of this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with this section.
(a)The county shall redetermine eligibility annually. The county shall at the time of the redetermination, and may at other intervals as may be deemed necessary, require the family to complete a certificate of eligibility containing a written declaration of the information that may be required to establish the continuing eligibility and amount of grant pursuant to Section 11004.
(b)(1)Notwithstanding any other provision of this division, the county shall use either a prepopulated renewal form or a blank semiannual report form described in Section 11265.1 as the certificate of eligibility for the purposes of CalWORKs and CalFresh.
(2)Each adult member of the family shall provide, under penalty of perjury, the information necessary to complete the certificate. certificate, or, if a prepopulated renewal form is used as the certificate, shall mark any changes to the information provided by the county.
(c)(1)If the certificate is mailed to the family, it shall be mailed no later than the end of the month prior to the month it is due and shall be accompanied by a postage-paid envelope for its return. If a complete certificate is not received by the 15th day of the month in which the certificate is due, the county shall provide the recipient with a notice that the county will terminate benefits at the end of the month. Prior to terminating benefits, the county shall attempt to make personal contact by a county worker to remind the recipient that a completed certificate is due. The certificate shall be completed with the assistance of the eligibility worker, if needed. For recipients also receiving CalFresh benefits, the certificate shall be completed pursuant to the timeframes required by federal and state law for the CalFresh program.
(2)The department may adopt regulations providing for waiver of the deadline for returning the completed certificate when the recipient is considered to be mentally or physically unable to meet the deadline.
(d)(1)This section shall become operative on April 1, 2013. A county shall implement the requirements of this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with this section.
(a)The county shall redetermine eligibility annually. The county shall at the time of the redetermination, and may at other intervals as may be deemed necessary, require the family to complete a certificate of eligibility containing a written declaration of the information that may be required to establish the continuing eligibility and amount of grant pursuant to Section 11004.
(b)(1)The certificate shall include blanks wherein shall be stated the names of all children receiving aid, their present place of residence, the names and status of any other adults living in the home, the name and, if known, the social security number and present whereabouts of a parent who is not living in the home, and any outside income that may have been received through employment, gifts, or the sale of real or personal property.(b)(1)Notwithstanding any other provision of this division, the county shall use a blank semiannual report form described in Section 11265.1 as the certificate of eligibility for the purposes of CalWORKs and CalFresh.
(2)Each adult member of the family shall provide, under penalty of perjury, the information necessary to complete the certificate.
(c)(1)If the certificate is mailed to the family, it shall be mailed no later than the end of the month prior to the month it is due and shall be accompanied by a postage-paid envelope for its return. If a complete certificate is not received by the 15th day of the month in which the certificate is due, the county shall provide the recipient with a notice that the county will terminate benefits at the end of the month. Prior to terminating benefits, the county shall attempt to make personal contact by a county worker to remind the recipient that a completed certificate is due. The certificate shall be completed with the assistance of the eligibility worker, if needed. For recipients also receiving CalFresh benefits, the certificate shall be completed pursuant to the timeframes required by federal and state law for the CalFresh program.
(2)The department may adopt regulations providing for waiver of the deadline for returning the completed certificate when the recipient is considered to be mentally or physically unable to meet the deadline.
(d)(1) This section shall become operative on April 1, 2013. A county shall implement the requirements of this section no later than October 1, 2013.
(2)Upon implementation described in paragraph (1), each county shall provide a certificate to the director certifying that semiannual reporting has been implemented in the county.
(3)Upon filing the certificate described in paragraph (2), a county shall comply with this section.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 17, 2017 | In committee: Hearing postponed by committee. |
| Mar 13, 2017 | Re-referred to Com. on APPR. |
| Mar 9, 2017 | Read second time and amended. |
| Mar 8, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 7). |
| Feb 28, 2017 | Re-referred to Com. on HUM. S. |
| Feb 27, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Jan 30, 2017 | Referred to Com. on HUM. S. |
| Jan 18, 2017 | From printer. May be heard in committee February 17. |
| Jan 17, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Mar 7, 2017 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| California School Nutrition Association | ** Support | Mar 3, 2017 |
| Coalition of California Welfare Rights Organizations | ** Support | Mar 3, 2017 |
| Feeding San Diego | ** Support | Mar 3, 2017 |
| Food Bank of Contra Costa and Solano | ** Support | Mar 3, 2017 |
| Hunger Action Los Angeles | ** Support | Mar 3, 2017 |
| Law Foundation of Silicon Valley | ** Support | Mar 3, 2017 |
| Orange County Food Access Coalition | ** Support | Mar 3, 2017 |
| River City Food Bank | ** Support | Mar 3, 2017 |
| Sacramento Hunger Coalition | ** Support | Mar 3, 2017 |
| Sacramento regional coalition to end homelessness | ** Support | Mar 3, 2017 |
| Women Organizing Resources | ** Support | Mar 3, 2017 |
Date of Hearing: March 7, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 167 (
Author:Lackey) – As Amended Ver:February 27, 2017
SUBJECT: CalWORKs: CalFresh: semiannual reporting
SUMMARY: Requires a county welfare agency to use a blank semiannual report form or prepopulated renewal form in order to streamline the recertification process for the California Work Opportunity and Responsibility to Kids (CalWORKs) program and the CalFresh program.
Specifically, this bill:
- Deletes the requirement that a county welfare agency administered certificate of eligibility contain information for children receiving aid, as specified.
- Requires the county to use either a pre-populated renewal form or a blank semiannual report form, as specified, as the certificate of eligibility for CalWORKs and CalFresh.
- Requires each adult member of the family, when using a pre-populated renewal form as the certificate of eligibility, to mark any changes to the information provided by the county.
EXISTING LAW:
- Establishes under federal law the Temporary Assistance for Needy Families (TANF) program to provide aid and welfare-to-work services to eligible families and, in California, provides that TANF funds for welfare-to-work services are administered through the CalWORKs program. (42 U.S.C. 601 et seq., WIC 11200 et seq.)
- Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) pursuant to the Food Stamp Act of 1964 and establishes, in California statute, the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting specified criteria, as specified. (WIC 18900 et seq.)
- Requires counties to redetermine eligibility of a recipient receiving CalWORKs/CalFresh benefits on an annual basis and further, directs counties to require families to complete a certificate of eligibility, as specified, for this purpose. (WIC 11265)
- Requires a certificate of eligibility to contain a written declaration of information that may be required to establish continued eligibility and grant amounts at the time of redetermination and at any other intervals that may be deemed necessary by counties. (WIC 11265)
- Requires counties to determine CalWORKs recipient eligibility and grant amounts on a semiannual basis in a prospective manner for a reporting period of six consecutive calendar months for certain households. (WIC 11265.1)
FISCAL EFFECT: Unknown.
COMMENTS:
CalWORKs: The California Work Opportunity and Responsibility to Kids (CalWORKs) program provides monthly income assistance and employment-related services aimed at moving children out of poverty and helping families meet basic needs. Federal funding for CalWORKs comes from the Temporary Assistance for Needy Families (TANF) block grant. The average monthly cash CalWORKs grant for 2016-17 is $534 per household, and the maximum monthly grant amount for a family of three, if the family has no other income and lives in a high-cost county, is currently $714. According to recent data from the Department of Social Services (DSS), over 508, 000 families rely on CalWORKs, including close to one million children.
Maximum grant amounts in high-cost counties of $714 per month for a family of three with no other income means $23.80 per day, per family, or $7.93 per family member, per day to meet basic needs, including rent, clothing, utility bills, food, and anything else a family needs to ensure children can be cared for at home and safely remain with their families. This grant amount puts the annual household income at $8,568 per year, or 42% of the poverty level. Federal Poverty Guidelines for 2017 indicate that 100% of poverty for a family of three is $20,420 per year.
CalFresh: CalFresh benefits are funded entirely by the federal government through the Supplemental Nutrition Assistance Program (SNAP), and the United States Department of Agriculture (USDA) sets specific eligibility requirements for SNAP programs across the United States, including a gross and net income test, work requirements, and other documentation requirements. The maximum allowable gross income is 200% of the Federal Poverty Level (FPL). Households with elderly or disabled members are not subject to gross income criteria but must have a net monthly income at or below 100% of the FPL. Other households must meet both gross and net monthly income tests. CalFresh is administered locally by county human services agencies, and the federal, state, and county governments share in the cost of administration of the program.
Benefits are made available on a monthly basis for food purchase through an ATM-like electronic benefits transfer (EBT) card. However, unlike other types of benefits that may be accessed through an EBT card, CalFresh benefits cannot be withdrawn in cash at point-of-sale terminals or at ATM machines. CalFresh benefits can only be used to purchase food items to be prepared and consumed at home, as well as seeds and plants that can be grown at home and produce food. The average monthly benefit for a CalFresh recipient is $140.58 per month, or about $4.69 per person per day.
Recertification process: According to DSS, as of October 2013, all CalWORKs and CalFresh households must undergo a redetermination/recertification of all circumstances affecting the eligibility of a recipient at least once every 12 months. Certain CalWORKs and CalFresh families are subject to semi-annual reporting rules and must also submit a report once every six months using the Semi-Annual Eligibility Income Report (SAR-7).
CalWORKs: Households that receive CalWORKs aid are required to comply with annual and semi-annual reporting for purposes of redetermination/recertification. SB 1041 (Senate Budget and Fiscal Review) Chapter 47, Statutes of 2012, however, implemented changes to the annual reporting process for Child Only CalWORKs cases, which are cases in which all adults/caretakers in a household are ineligible for aid. For Child Only cases, households must comply with the yearly CalWORKs redetermination process but are not subject to semi-annual reporting requirements, and must instead report certain changes within 10 days from the date a change occurred, including: address changes, fleeing felon status, probation or parole violations, changes in household composition, and income that exceeds the Income Reporting Threshold as determined by DSS.
CalFresh: CalFresh recipients must notify their local county welfare department about changes in their income or circumstances which may affect their eligibility for benefits. As of July 1, 2016, all CalFresh households must comply with semi-annual reporting requirements. Semi-annual reporting requires households to report income, medical and dependent care expenses, and any other changes the household expects for the remainder of their certification period. In the interim months between recertification and submission of an SAR-7, semi-annual reporting households are required to report when their household income exceeds their Income Reporting Threshold, which, in most cases, is 200% of the Federal Poverty Level. Households may also report any change that could increase benefits, such as a job loss or increased shelter expenses.
Need for this bill: According to the author’s office, “[This bill] is necessary to simplify the CalWORKs and CalFresh recertification process, making it easier and more efficient for recipients to prove their eligibility for public assistance.”
Suggested amendments:
To ensure that the semi-annual report form contains all necessary information required by federal law and/or regulations, committee staff recommends the following amendments:
- After line 13 on page 2 of the bill, insert:
The Department shall ensure that the semi-annual report form contains all information required by federal law and/or regulations for purposes of TANF and SNAP eligibility.
RELATED LEGISLATION
SB 79 (Senate Budget and Fiscal Review), Chapter 20, Statutes of 2015, required the DSS to transition CalFresh households complying with change reporting requirements to semi-annual reporting requirements instead, among other things.
SB 1041 (Senate Budget and Fiscal Review), Chapter 47, Statutes of 2012, made changes to reporting requirements for Child Only cases in CalWORKs such that Child Only cases must comply with annual redetermination requirements and report other changes, as specified, within 10 days of the change, among other things.
AB 6 (Fuentes), Chapter 501, Statutes of 2011, required DSS to replace quarterly reporting requirements with a semi-annual reporting system for the CalWORKs system and for the CalFresh system as permitted by federal law.
REGISTERED SUPPORT / OPPOSITION:
Support
Coalition of California Welfare Rights Organizations (Sponsor)
California School Nutrition Association (CSNA)
Feeding San Diego
Food Bank of Contra Costa and Solano
Hunger Action Los Angeles
Law Foundation of Silicon Valley
Orange County Food Access Coalition
River City Food Bank
Sacramento Hunger Coalition
Sacramento Regional Coalition to End Homelessness
Women Organizing Resources
Opposition
None on File.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):