Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing law also exempts certain adults from the ABAWD time limit, including persons determined to be medically certified as physically or mentally unfit for employment, which are persons who receive temporary or permanent disability benefits issued by governmental or private sources, who are obviously mentally or physically unfit for employment, or who provide a statement from specified appropriate medical personnel stating that the person is physically or mentally unfit for employment.

This bill would require the department, in consultation with public health officials and CalFresh advocates, among others, by July 1, 2019, to define food insecurity for purposes of the bill, develop a tool that would screen for food insecurity and other basic needs deprivation, and to issue guidance that includes a copy of the screening tool and instructions for verifying when a person is unfit for employment following a screening that has determined that he or she is food insecure or deprived of their basic needs. To the extent that the bill would expand eligibility for CalFresh, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing law also exempts certain adults from the ABAWD time limit, including persons determined to be medically certified as physically or mentally unfit for employment, which are persons who receive temporary or permanent disability benefits issued by governmental or private sources, who are obviously mentally or physically unfair for employment, or who provides a statement from specified appropriate medical personnel stating that the person is physically or mentally unfit for employment.

This bill would, to the extent permitted by federal law and guidance, require a person who experiences food insecurity to be considered unfit for employment for purposes of determining whether a person is exempt from the federal ABAWD time limit. The bill would require the department, in consultation with public health officials and CalFresh advocates, among others, by July 1, 2019, to define food insecurity for purposes of the bill, develop a tool that would screen for food insecurity and other basic needs deprivation, and to issue guidance establishing the minimum number of days of food insecurity that is to be experienced by a person in order for the person to be considered unfit for employment and issuing that includes a copy of the screening tool, and issuing instructions for verifying when a person is unfit for employment as a result of food insecurity. following a screening that has determined that he or she is food insecure or deprived of their basic needs. To the extent that the bill would expand eligibility for CalFresh, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing law also exempts certain adults from the ABAWD time limit, including persons determined to be medically certified as physically or mentally unfit for employment, which are persons who receive temporary or permanent disability benefits issued by governmental or private sources, who are obviously mentally or physically unfair for employment, or who provides a statement from specified appropriate medical personnel stating that the person is physically or mentally unfit for employment.

This bill would, to the extent permitted by federal law and guidance, require a person who experiences food insecurity to be considered unfit for employment for purposes of determining whether a person is exempt from the federal ABAWD time limit. The bill would require the department, in consultation with public health officials and CalFresh advocates, among others, to establish by July 1, 2019, to define food insecurity for purposes of the bill, and to issue guidance establishing the minimum number of days of food insecurity that is to be experienced by a person in order for the person to be considered unfit for employment, and would require the guidance to include unfit for employment and issuing instructions for verifying when a person is unfit for employment due to experiencing as a result of food insecurity. To the extent that the bill would expand eligibility for CalFresh, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the continuously appropriated Mental Health Services Fund to fund various county mental health programs. The act establishes the Mental Health Services Oversight and Accountability Commission, consisting of 16 voting members, to oversee various parts of the act, as specified. The act may be amended by the Legislature by a ²/₃ vote of both houses and only so long as the amendment is consistent with, and furthers the intent of, the act. The act authorizes the Legislature to clarify procedures and terms of the act by a majority vote.

This bill would make technical, nonsubstantive changes to provisions relating to the commission.

GOVERNOR'S VETO

GV Bill Id:AB 2152

Author:(Weber)

As Enrolled Ver:September 5, 2018

2/3 vote

Original Committee Reference: HUM S.

SUMMARY: Establishes the You Can't Work If You're Hungry Act of 2018 and requires the Department of Social Services (DSS), by July 1, 2019, and in consultation with stakeholders, to establish a definition of food insecurity while taking into consideration the definition established by the United States (U.S.) Department of Agriculture (USDA) alongside circumstances specific to California, develop a tool to screen for food insecurity and other basic needs deprivation for purposes of determining if an individual is unfit for employment and therefore exempt from the federal able-bodied adult without dependent (ABAWD) time limit, and to issue guidance to county human services agencies, and, further, requires the guidance to include a copy of the screening tool, and instructions for verifying when a person is "unfit for employment," following a screening, as specified.

The Senate amendments:

1. Delete the required designation of a person as "unfit for employment" for purposes of determining whether a person is exempt from the ABAWD time limit if the person experiences food insecurity.
2. Add the requirement that DSS develop a tool that would screen for food insecurity and other basic needs deprivation, and that would assist counties in identifying a person who should be evaluated to determine if they are unfit for employment and therefore exempt from the ABAWD time limit.
3. Delete from among the items to be included in the DSS-issued guidance to counties the minimum number of days of food insecurity that an individual must experience in order to be deemed unfit for employment, and instead require the guidance to include a copy of the screening tool developed by the provisions of this bill.
4. Delete from among the items to be included in the DSS-issued guidance to counties instructions for verifying when a person is unfit for employment as a result of food insecurity, and instead require instructions for verifying when a person is unfit for employment following a screening that has determined that he or she is food insecure or is deprived of their basic needs.

EXISTING LAW:

1. 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 certain criteria, as specified. (7 United States Code Section 2011 et seq., Welfare and Institutions Code Section (WIC) 18900 et seq.)
2. Establishes the Electronic Benefits Transfer (EBT) Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (WIC 10065 et seq.)
3. Establishes the SNAP time limit for an ABAWD, which states that an individual is limited to receive SNAP for up to three months within a three year period, unless the individual has met certain work participation requirements, as specified. (7 Code of Federal Regulations Section 273.24)
4. Requires DSS annually, to the extent permitted by federal law, to seek a federal SNAP waiver to the three-month limit in a three-year period of CalFresh benefits for an ABAWD, unless that participant has met the work participation requirement. (WIC 18926)

FISCAL EFFECT: According to the Senate Appropriations Committee on June 19, 2018, this bill may result in costs likely less than $50,000 to DSS to establish a new definition, develop a screening tool, and issue guidance to counties, should the new definition be federally approved.

The Senate Appropriations Committee also notes that CalFresh benefits are 100% federally funded so there may be no cost to the state for benefits due to extended eligibility. Current CalFresh policy allows counties to maximize ABAWD time-limit exemptions to the extent permitted by federal law and guidance. If the United States Department of Agriculture Food and Nutrition Services approves "food insecurity" as an exemption defined under "obviously mentally or physically unfit for employment," many ABAWDs would be expected to remain eligible for CalFresh for a longer period of time. However, though CalFresh ABAWD time-limit is a statewide or local waiver for areas with high unemployment rates. Without the federal approval for a "food insecurity" exemption, the federal government will impose financial penalties on the state, likely in the millions of dollars, causing future cost pressure on the General Fund.

COMMENTS:

CalFresh: Funded entirely by the federal government through SNAP, CalFresh has eligibility requirements that are set by the USDA for SNAP programs across the country. These requirements include gross and net income tests, work requirements, and documentation requirements. While the maximum allowable gross income is 200% of the Federal Poverty Level (FPL), certain households, including those with elderly members or members who have disabilities, are not subject to gross income criteria. Instead, these households must have a net monthly income at or below 100% of the FPL. While federal, state, and county governments share in the administrative costs of CalFresh, the program is administered locally by county human services agencies. According to data provided by DSS, an average of 4.1 million Californians living in two million households received CalFresh benefits each month in federal fiscal year 2017.

Benefits are made available on a monthly basis for food purchase through an automated teller machine (ATM)-like electronic benefits (EBT) card. CalFresh benefits, unlike other types of benefits that may be accessed through an EBT card, cannot be withdrawn at point-of-sale (POS) terminals or at ATM machines. Only food items to be prepared and consumed at home, or seeds and plants that can be grown at home to produce food can be purchased using CalFresh benefits. The maximum monthly allotment for a three-person household, as of October 1, 2017, is $504, according to data provided by DSS.

Able Bodied Adults Without Dependents (ABAWDs): SNAP rules require all recipients to meet work requirements unless they are exempt due to age, disability, or another specific reason, such as being unable to work due to physical or mental health reasons. ABAWDs, who are individuals between 18 and 49 years of age, and have no dependents and are not disabled, are included among those individuals who are required to meet certain work requirements in order to receive benefits. Specifically, ABAWDs are subject to a specific time limit in which they can only receive SNAP for three months in three years if they do not meet special work requirements. In order to be eligible beyond this time limit, ABAWDs must work at least 80 hours per month, participate in a qualifying education and training activity for at least 80 hours per month, or comply with a workfare program. California currently holds an ABAWD exemption through August 2018 which allows ABAWDs to receive CalFresh benefits without being subject to the time limit and without fulfilling the work requirement rule. Later in 2018, however, when the ABAWD waiver expires, these individuals will need to comply with federal work requirement rules or be subject to the time limit.

On August 21, 2017, on behalf of the State of California, Karen Ross, Secretary of the California Department of Food and Agriculture, John Laird, Secretary of the California Natural Resources Agency, Matt Rodriguez, Secretary of the California Environmental Protection Agency, and Diana Dooley, Secretary of the California Health and Human Services Agency, submitted a letter to Pat Roberts and Mike Conway, Chairman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, and Chairman of the House Committee on Agriculture, respectively, and Debbie Stabenow and Collin Peterson, Ranking Members of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, and the House Committee on Agriculture, respectively, in which the authors strongly advocated on behalf of California that Congress repeal the three-month time limit on SNAP benefits for ABAWDs, among other recommendations related to California's agricultural industry and its importance to the nation's economy.

Federal efforts at reforming ABAWD time limits: On April 12, 2018, Representative K. Michael Conaway, chairman of the House Committee on Agriculture, introduced H.R. 2, which seeks to replace the existing three month time limit for ABAWDS with a one month time limit instead. The legislation also seeks to expand the existing work requirement for ABAWDs to all work registrants receiving SNAP benefits, with exemptions for certain populations, including individuals who are: living with physical or mental disabilities; responsible for a child under the age of six; or a student enrolled at least half time, among others. The bill is currently awaiting consideration in the U.S. House of Representatives.

In addition to the introduction of H.R. 2, the USDA Food and Nutrition Service (FNS), on February 23, 2018, published an advanced notice of proposed rulemaking related to ABAWD time limits. Specifically, the advanced notice of proposed rulemaking seeks to examine potential programmatic changes that may enable states to accurately identify ABAWDs who may be subject to the time limit. The USDA also intends to examine whether changes should be made to the existing waiver process that exempts ABAWDs from the time limit.

Food insecurity: The USDA Economic Research Service (ERS) currently divides food insecurity into the following two categories:

1. Low food security: includes reports of reduced quality, variety, or desirability of diet with little or no indication of reduced food intake; and
2. Very low food security: includes reports of multiple indications of disrupted eating patterns and reduced food intake.

The provisions of this bill seek to define an individual as "unfit for employment" if they experience food insecurity, as defined by the USDA ERS, in order to acknowledge the difficulty in obtaining and maintaining employment when one faces hunger and low food security.

In a 2018 position paper on the weakening of protections for people subject to the ABAWD time lime, the Western Center on Law and Poverty, a sponsor of this bill, writes:

For low-income Californians, both those who work and those who do not or cannot, SNAP offers an essential support, preventing hunger and malnutrition. For people looking for work, this access to food is essential, as hunger can easily undermine employment goals…For many SNAP recipients, receipt of hunger-fighting food benefits makes them eligible for the SNAP Employment & Training (ET) program. SNAP ET can help recipients reduce barriers to work, find employment, and even provides post-employment services to help workers be successful in a new job. However, the SNAP ET programs are limited, do not have slots that open up fast enough to correspond with the recipient's time clock, and do not offer up front funds for transportation costs. However, for SNAP recipients who can access these programs, the services can be a lifeline. Cutting recipients off of aid, cuts them from the opportunity to work.

Need for this bill: According to the author, "Contrary to Congressional rhetoric, being hungry doesn't make you more likely to find a job, it actually makes it that much harder. By requiring DSS to establish a hunger-threshold that would make someone considered 'unfit for work,' we will be giving counties the tools they need to provide the anti-hunger help for out-of-work Californians whose severe hunger is undermining their employability."

PRIOR LEGISLATION:

H.R. 2 (Conaway) of the current legislative session, makes changes to the existing ABAWD work requirements and would expand certain work rules to certain eligible populations. It is currently awaiting consideration in the U.S. House of Representatives.

AB 563 (Arambula), Chapter 343, Statutes of 2017, included ABAWDs among the individuals who are deferred from mandatory participation in CalFresh Employment and Training programs, among other things.

H.R. 1276 (Adams) of the current legislative session, would increase, at the federal level, the minimum SNAP benefit and would require the USDA to calculate benefits using a low-cost food plan. It is currently in the Subcommittee on Nutrition in the House Committee on Agriculture.

SB 904 (Hertzberg) of 2016, would have required all eligible counties to be included in the annual federal waiver of ABAWD time limitations. It was held in the Senate Appropriations Committee.

H.R. 2642 (Lucas), Public Law (P.L.) 113-79, 2014, known as the Agriculture Reform and Risk Management Act of 2014, or Farm Bill, authorized nutrition and agriculture programs in the United States for the years of 2014 through 2018.

H.R. 2100 (de la Garza), P.L. 99-198, 1985, created the Food Security Act of 1985 which created the Food Stamp Employment & Training Program, now known as SNAP E&T.

GOVERNOR'S VETO MESSAGE:

This bill would require the Department of Social Services to develop a hunger screening tool to assist in the determination of whether CalFresh recipients may be exempted from time limitations on benefits.

CalFresh is a federally-funded nutrition benefit program which includes work requirements and exemptions prescribed by federal rules. Instead of codifying state policies in this program, I urge the department and counties to continue to work together to ensure those facing extreme hunger have access to these benefits.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0005239

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2152

Author:(Weber)

As Amended Ver:June 19, 2018

Majority vote

Original Committee Reference: HUM. S.

SUMMARY: Establishes the You Can't Work If You're Hungry Act of 2018 and requires the Department of Social Services (DSS), by July 1, 2019, and in consultation with stakeholders, to establish a definition of food insecurity while taking into consideration the definition established by the United States (U.S.) Department of Agriculture (USDA) alongside circumstances specific to California, develop a tool to screen for food insecurity and other basic needs deprivation for purposes of determining if an individual is unfit for employment and therefore exempt from the federal able-bodied adult without dependent (ABAWD) time limit, and to issue guidance to county human services agencies, and ,further, requires the guidance to include a copy of the screening tool, and instructions for verifying when a person is "unfit for employment," following a screening, as specified.

The Senate amendments:

1. Delete the required designation of a person as "unfit for employment" for purposes of determining whether a person is exempt from the ABAWD time limit if the person experiences food insecurity.
2. Add the requirement that DSS develop a tool that would screen for food insecurity and other basic needs deprivation, and that would assist counties in identifying a person who should be evaluated to determine if they are unfit for employment and therefore exempt from the ABAWD time limit.
3. Delete from among the items to be included in the DSS-issued guidance to counties the minimum number of days of food insecurity that an individual must experience in order to be deemed unfit for employment, and instead require the guidance to include a copy of the screening tool developed by the provisions of this bill.
4. Delete from among the items to be included in the DSS-issued guidance to counties instructions for verifying when a person is unfit for employment as a result of food insecurity, and instead require instructions for verifying when a person is unfit for employment following a screening that has determined that he or she is food insecure or is deprived of their basic needs.

EXISTING LAW:

1. 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 certain criteria, as specified. (7 United States Code Section 2011 et seq., Welfare and Institutions Code Section (WIC) 18900 et seq.)
2. Establishes the Electronic Benefits Transfer (EBT) Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (WIC 10065 et seq.)
3. Establishes the SNAP time limit for an ABAWD, which states that an individual is limited to receive SNAP for up to three months within a three year period, unless the individual has met certain work participation requirements, as specified. (7 Code of Federal Regulations Section 273.24)
4. Requires DSS annually, to the extent permitted by federal law, to seek a federal SNAP waiver to the three-month limit in a three-year period of CalFresh benefits for an ABAWD, unless that participant has met the work participation requirement. (WIC 18926)

FISCAL EFFECT: According to the Senate Appropriations Committee on June 19, 2018, this bill may result in costs likely less than $50,000 to DSS to establish a new definition, develop a screening tool, and issue guidance to counties, should the new definition be federally approved.

The Senate Appropriations Committee also notes that CalFresh benefits are 100% federally funded so there may be no cost to the state for benefits due to extended eligibility. Current CalFresh policy allows counties to maximize ABAWD time-limit exemptions to the extent permitted by federal law and guidance. If the United States Department of Agriculture Food and Nutrition Services approves "food insecurity" as an exemption defined under "obviously mentally or physically unfit for employment," many ABAWDs would be expected to remain eligible for CalFresh for a longer period of time. However, though CalFresh ABAWD time-limit is a statewide or local waiver for areas with high unemployment rates. Without the federal approval for a "food insecurity" exemption, the federal government will impose financial penalties on the state, likely in the millions of dollars, causing future cost pressure on the General Fund.

COMMENTS:

CalFresh: Funded entirely by the federal government through SNAP, CalFresh has eligibility requirements that are set by the USDA for SNAP programs across the country. These requirements include gross and net income tests, work requirements, and documentation requirements. While the maximum allowable gross income is 200% of the Federal Poverty Level (FPL), certain households, including those with elderly members or members who have disabilities, are not subject to gross income criteria. Instead, these households must have a net monthly income at or below 100% of the FPL. While federal, state, and county governments share in the administrative costs of CalFresh, the program is administered locally by county human services agencies. According to data provided by DSS, an average of 4.1 million Californians living in two million households received CalFresh benefits each month in federal fiscal year 2017.

Benefits are made available on a monthly basis for food purchase through an automated teller machine (ATM)-like electronic benefits (EBT) card. CalFresh benefits, unlike other types of benefits that may be accessed through an EBT card, cannot be withdrawn at point-of-sale (POS) terminals or at ATM machines. Only food items to be prepared and consumed at home, or seeds and plants that can be grown at home to produce food can be purchased using CalFresh benefits. The maximum monthly allotment for a three-person household, as of October 1, 2017, is $504, according to data provided by DSS.

Able Bodied Adults Without Dependents (ABAWDs): SNAP rules require all recipients to meet work requirements unless they are exempt due to age, disability, or another specific reason, such as being unable to work due to physical or mental health reasons. ABAWDs, who are individuals between 18 and 49 years of age, and have no dependents and are not disabled, are included among those individuals who are required to meet certain work requirements in order to receive benefits. Specifically, ABAWDs are subject to a specific time limit in which they can only receive SNAP for three months in three years if they do not meet special work requirements. In order to be eligible beyond this time limit, ABAWDs must work at least 80 hours per month, participate in a qualifying education and training activity for at least 80 hours per month, or comply with a workfare program. California currently holds an ABAWD exemption through August 2018 which allows ABAWDs to receive CalFresh benefits without being subject to the time limit and without fulfilling the work requirement rule. Later in 2018, however, when the ABAWD waiver expires, these individuals will need to comply with federal work requirement rules or be subject to the time limit.

On August 21, 2017, on behalf of the State of California, Karen Ross, Secretary of the California Department of Food and Agriculture, John Laird, Secretary of the California Natural Resources Agency, Matt Rodriguez, Secretary of the California Environmental Protection Agency, and Diana Dooley, Secretary of the California Health and Human Services Agency, submitted a letter to Pat Roberts and Mike Conway, Chairman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, and Chairman of the House Committee on Agriculture, respectively, and Debbie Stabenow and Collin Peterson, Ranking Members of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, and the House Committee on Agriculture, respectively, in which the authors strongly advocated on behalf of California that Congress repeal the three-month time limit on SNAP benefits for ABAWDs, among other recommendations related to California's agricultural industry and its importance to the nation's economy.

Federal efforts at reforming ABAWD time limits: On April 12, 2018, Representative K. Michael Conaway, chairman of the House Committee on Agriculture, introduced H.R. 2, which seeks to replace the existing three month time limit for ABAWDS with a one month time limit instead. The legislation also seeks to expand the existing work requirement for ABAWDs to all work registrants receiving SNAP benefits, with exemptions for certain populations, including individuals who are: living with physical or mental disabilities; responsible for a child under the age of six; or a student enrolled at least half time, among others. The bill is currently awaiting consideration in the U.S. House of Representatives.

In addition to the introduction of H.R. 2, the USDA Food and Nutrition Service (FNS), on February 23, 2018, published an advanced notice of proposed rulemaking related to ABAWD time limits. Specifically, the advanced notice of proposed rulemaking seeks to examine potential programmatic changes that may enable states to accurately identify ABAWDs who may be subject to the time limit. The USDA also intends to examine whether changes should be made to the existing waiver process that exempts ABAWDs from the time limit.

Food insecurity: The USDA Economic Research Service (ERS) currently divides food insecurity into the following two categories:

1. Low food security: includes reports of reduced quality, variety, or desirability of diet with little or no indication of reduced food intake; and
2. Very low food security: includes reports of multiple indications of disrupted eating patterns and reduced food intake.

The provisions of this bill seek to define an individual as "unfit for employment" if they experience food insecurity, as defined by the USDA ERS, in order to acknowledge the difficulty in obtaining and maintaining employment when one faces hunger and low food security.

In a 2018 position paper on the weakening of protections for people subject to the ABAWD time lime, the Western Center on Law and Poverty, a sponsor of this bill, writes:

For low-income Californians, both those who work and those who do not or cannot, SNAP offers an essential support, preventing hunger and malnutrition. For people looking for work, this access to food is essential, as hunger can easily undermine employment goals…For many SNAP recipients, receipt of hunger-fighting food benefits makes them eligible for the SNAP Employment & Training (ET) program. SNAP ET can help recipients reduce barriers to work, find employment, and even provides post-employment services to help workers be successful in a new job. However, the SNAP ET programs are limited, do not have slots that open up fast enough to correspond with the recipient's time clock, and do not offer up front funds for transportation costs. However, for SNAP recipients who can access these programs, the services can be a lifeline. Cutting recipients off of aid, cuts them from the opportunity to work.

Need for this bill: According to the author, "Contrary to Congressional rhetoric, being hungry doesn't make you more likely to find a job, it actually makes it that much harder. By requiring DSS to establish a hunger-threshold that would make someone considered 'unfit for work,' we will be giving counties the tools they need to provide the anti-hunger help for out-of-work Californians whose severe hunger is undermining their employability."

PRIOR LEGISLATION:

H.R. 2 (Conaway) of the current legislative session, makes changes to the existing ABAWD work requirements and would expand certain work rules to certain eligible populations. It is currently awaiting consideration in the U.S. House of Representatives.

AB 563 (Arambula), Chapter 343, Statutes of 2017, included ABAWDs among the individuals who are deferred from mandatory participation in CalFresh Employment and Training programs, among other things.

H.R. 1276 (Adams) of the current legislative session, would increase, at the federal level, the minimum SNAP benefit and would require the USDA to calculate benefits using a low-cost food plan. It is currently in the Subcommittee on Nutrition in the House Committee on Agriculture.

SB 904 (Hertzberg) of 2016, would have required all eligible counties to be included in the annual federal waiver of ABAWD time limitations. It was held in the Senate Appropriations Committee.

H.R. 2642 (Lucas), Public Law (P.L.) 113-79, 2014, known as the Agriculture Reform and Risk Management Act of 2014, or Farm Bill, authorized nutrition and agriculture programs in the United States for the years of 2014 through 2018.

H.R. 2100 (de la Garza), P.L. 99-198, 1985, created the Food Security Act of 1985 which created the Food Stamp Employment & Training Program, now known as SNAP E&T.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0004444

 THIRD READING  

Bill No: AB 2152

Author:

:

Vote:

SENATE HUMAN SERVICES COMMITTEE: 6-0, 6/26/18

AYES: Wiener, Glazer, Leyva, McGuire, Nguyen, Portantino

NO VOTE RECORDED: Berryhill

SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/16/18

AYES: Portantino, Bates, Beall, Bradford, Hill, Wiener

NOES: Nielsen

ASSEMBLY FLOOR: 56-19, 5/29/18 - See last page for vote

SUBJECT:

SOURCE: Coalition of California Welfare Rights Organizations

Western Center on Law and Poverty

DIGEST:

This bill requires the California Department of Social Services (CDSS) to establish a definition of “food insecurity” and develop a tool that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be evaluated to determine if they are unfit for employment and therefore exempt from the federal able bodied adult without dependents (ABAWD) time limit, as specified.

ANALYSIS:

Existing law:

1. Establishes in federal law the Supplemental Nutrition Assistance Program (SNAP) within the US Department of Agriculture (USDA) to promote the general welfare and to safeguard the health and wellbeing of the nation’s population by raising the levels of nutrition among low-income households. It establishes SNAP income eligibility requirements, including income that is determined to be a substantial limiting factor in permitting a recipient to obtain a more nutritious diet. (7 CFR 271.1; 7 CFR 273.9)
2. Establishes within SNAP the time limit for ABAWDs, which states that an individual is limited to receive SNAP benefits for up to three months within a three year period, unless the individual has met certain work participation requirements, as specified. (7 CFR 273.24)
3. Provides exceptions to the SNAP time limit, in that it does not apply to an individual if he or she is:
   1. Under 18 years of age or 50 years of age or older;
   2. Determined by the state agency (a county in California) to be medically certified as physically or mentally unfit for employment. An individual is medically certified as physically or mentally unfit for employment if he or she:
      1. Is receiving temporary or permanent disability benefits issued by governmental or private sources;
      2. Is obviously mentally or physically unfit for employment as determined by the state agency (a county in California); or
      3. If the unfitness is not obvious, provides a statement from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other medical personnel the state agency (a county in California) determines appropriate, that he or she is physically or mentally unfit for employment.
      4. Is a parent (natural, adoptive, or step) of a household member under age 18, even if the household member who is under 18 is not himself eligible for food stamps;
      5. Is residing in a household where a household member is under age 18, even if the household member who is under 18 is not himself eligible for food stamps;
      6. Is otherwise exempt from work requirements under federal regulations, a specified; or
      7. Is pregnant. (7 CFR 273.24 (c))
4. Permits the USDA to waive the applicability of the three-month time limit for ABAWDs if the unemployment rate in the area in which the ABAWD resides is 10 percent or higher. (7 CFR 273.24 (6)(o))
5. Establishes in California statute the CalFresh program to administer the provisions of federal SNAP benefits to low-income families and individuals meeting specified criteria. (WIC 18900 et seq.)
6. Requires CDSS annually to seek a federal waiver to the three-month limit in a three-year period an ABAWD may receive SNAP benefits, unless that participant has met the work participation requirement or is otherwise exempt, to the extent permitted by federal law. Further requires that all eligible counties shall be included in and bound by the waiver. (WIC 18926)
7. Requires CDSS to ensure that all recipients subject to the federal ABAWD time limit, as specified, are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution if the county can verify the hours of participation, as specified. (WIC 18926.1)
8. Exempts ABAWDS who are homeless from the federal ABAWD time limit, to the extent not prohibited by federal law and guidance, and defines a recipient who is homeless to be is a person who does not have a regular nighttime residence. (WIC 18926.2)

This bill:

1. Provides that it shall be known, and may be cited as the You Can’t Work If You’re Hungry Act of 2018.
2. Requires CDSS, in consultation with public health officials familiar with hunger and malnutrition among adults, county human services agencies, CalFresh advocates, and experts in job readiness, to do the following no later than July 1, 2019:
3. Establish a definition of “food insecurity” and in doing so take into consideration the definition established by the USDA, Economic Research Service, as well as circumstances and conditions specific to California.
4. Develop a tool that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be further evaluated to determine if they are unfit for employment and therefore exempt from the federal ABAWD time limit.
5. Issue guidance to county human services agencies that includes a copy of the screening tool and instructions for verifying when a person is unfit for employment following a screening that has determined that he or she is food insecure or deprived of their basic needs.

Background

Federal law limits SNAP eligibility for childless unemployed and underemployed adults age 18-50 (except for those who are exempt) to three months out of every three years unless they are able to obtain and maintain an average of 20 hours a week of employment. According to the author, this time-limit is harsh and unfair. “Contrary to congressional rhetoric, being hungry doesn’t make you more likely to find a job, it actually makes it that much harder. AB 2152 requires the Department of Social Services to provide county human services instructions on how to screen people for hunger in order to determine whether they should be considered for an ‘unfit for work’ evaluation. Doing so appropriately recognizes that hunger is a liability for out-of-work Americans, and prevents chronic hunger from undermining their employability,” the author states.

CalFresh. The CalFresh program provides qualified low-income households with cards, similar to ATM cards, which are used to purchase food items to be prepared and consumed at home, as well as seeds and plants that can be grown at home to produce food. CalFresh is California’s version of the federal SNAP program. CalFresh benefits are 100 percent federally funded and national eligibility standards and benefit levels are established by the federal government. The program is administered by CDSS at the state level. California’s 58 counties are responsible for administering the program at the local level.

To participate in CalFresh, households must meet defined income-eligibility standards. Depending on the households’ circumstances, the maximum gross income limit ranges between 100 and 200 percent of the federal poverty level (FPL). For most households, monthly gross income must be at or below 200 percent of FPL, which is $3,360 for a family of three. CalFresh benefit levels are based on the household size and income after certain deductions. The average monthly CalFresh benefit in FY 2016-17 was $293 per household and $140 per person.

ABAWDs. According to federal SNAP rules, all recipients must meet work requirements unless they are exempt due to age, disability, or another specific reason, such as being unable to work due to physical or mental health reasons. There are special rules that apply to ABAWDs, who are between 18 and 49 years of age, have no dependents and are not disabled. ABAWDs can only receive SNAP (CalFresh in California) benefits for three months in three years unless they work at least 80 hours per month, participate in a qualifying education and training activity for at least 80 hours per month, or comply with a workfare program. ABAWDs can also satisfy these requirements by participating in CalFresh Employment and Training.

Due to high unemployment rates, California has been designated a work surplus area and therefore, has been operating with a waiver to the ABAWD rule since 2008. This allows ABAWDs to receive CalFresh benefits without being subject to the time limit and without fulfilling the work requirement rule. The statewide waiver will expire on August 31, 2018.

Earlier this year, CDSS requested and received approval of another waiver of the ABAWD time limit for all areas of the state except Santa Clara, San Mateo and San Francisco counties, which are no longer eligible due to low unemployment rates in those counties. With the new waiver, the ABAWD time limit will continue to be waived in 55 counties through August 31, 2019. However, beginning September 1, 2018, Santa Clara, San Mateo and San Francisco counties will implement the time limit and ABAWDs living in those counties will need to comply with federal work requirement rules or they will be subject to the three month within three years limit on food benefits.

Individual ABAWDs can be exempted from the time limit if they are determined by a county to be medically certified as physically or mentally unfit for employment. An individual can be medically certified as physically or mentally unfit for employment if they are receiving temporary or permanent disability benefits issued by governmental or private sources or are obviously mentally or physically unfit for employment as determined by the county. If the unfitness is not obvious, an individual can be exempted if a statement from a qualified medical personnel is provided indicating that he or she is physically or mentally unfit for employment.

Federal Efforts at Reforming ABAWD Time Limits. On April 12, 2018, the House Committee on Agriculture, introduced H.R. 2, which would beginning in Fiscal Year 2021, eliminates the treatment of ABAWDs as a targeted subgroup from other work-capable adults and establishes work requirements for all work-capable adults (aged 18-59), with exemptions for the caretaker of a child under six, those who are pregnant, and those who are mentally or physically disabled. Under H.R. 2, work-capable adults must work, participate in an employment and training program, or participate in a work program for 20 hours a week (in Fiscal Years 2021–025) and 25 hours per week (in Fiscal Year 2026 and thereafter) or they would lose SNAP eligibility. Individuals who do not meet the required weekly hours would have one month to comply or lose SNAP food benefits for 12 months. Subsequent failure to meet the weekly work-hours requirement would cause the recipient to lose SNAP food benefits for 36 months. The bill is awaiting action by conference committee.

In addition to the introduction of H.R. 2, the USDA published an advanced notice of proposed rulemaking related to ABAWD time limits. Specifically, the notice seeks input on potential programmatic changes that may enable states to “accurately identify ABAWDs who may be subject to the time limit and providing meaningful opportunities for them to move toward self-sufficiency.” The USDA also intends to examine whether changes should be made to the existing waiver process that exempts ABAWDs from the time limit. Public comment period ended April 9, 2018.

Food Insecurity. The USDA Economic Research Service divides food insecurity into the following categories: Low food security, which includes reports of reduced quality, variety, or desirability of diet with little or no indication of reduced food intake; and 2) Very low food security, which includes reports of multiple indications of disrupted eating patterns and reduced food intake.

This bill requires CDSS to work with specified stakeholders in order to establish a definition of “food insecurity” and, in doing so, take into consideration the USDA definition as well as circumstances and conditions specific to California. The bill also requires that CDSS develop a tool that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be further evaluated to determine if they are unfit for employment, and therefore exempt from federal ABAWD time limits.

The Department of Finance and the Senate Committee on Appropriation have indicated that this bill may cause the state to face financial penalties if the federal government does not approve food insecurity as an exemption to the ABAWD time limit. While the bill envisions food insecurity to be a trigger that could cause a county to identify a person who should be further evaluated to determine if they are unfit for employment, which is different from automatic exemption, it remains unclear if federal dollars would be at risk.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee:

• Likely less than $50,000 to CDSS to establish a new definition, develop a screening tool, and issue guidance to counties, should the new definition be federally approved.
• CalFresh benefits are 100 percent federally funded so there may be no cost to the state for benefits due to extended eligibility. Current CalFresh policy allows counties to maximize ABAWD time-limit exemptions to the extent permitted by federal law and guidance. If the United States Department of Agriculture Food and Nutrition Service approves “food insecurity” as an exemption defined under “obviously mentally or physically unfit for employment,” many ABAWDs would be expected to remain eligible for CalFresh for a longer period of time. However, though CalFresh benefits are federally funded, the federal government’s only current exception to the ABAWD time-limit is a statewide or local waiver for areas with high unemployment rates. Without the federal approval for a “food insecurity” exemption, the federal government will impose financial penalties on the state, likely in the millions of dollars, causing future cost pressure on the General Fund.

SUPPORT: (Verified 8/17/18)

Coalition of California Welfare Rights Organizations (co-source)

Western Center on Law and Poverty (co-source)

National Association of Social Workers

San Diego Hunger Advocacy Network

Feeding San Diego

OPPOSITION: (Verified 8/17/18)

Department of Finance

ARGUMENTS IN SUPPORT: The Western Center on Law and Poverty, one of the sponsors of this bill, writes the following in support, “With the ABAWD time limit waiver expiring in some counties (San Mateo, Santa Clara and San Francisco) and looming threats to further limit its protection against hunger when people cannot secure employment, it’s imperative that we identify options for reducing harm to impacted people. We can do this by ensuring utilization of exemptions to the time limit, including the exemption available to recipients who have been deemed “unfit for work.” AB 2152 will prevent hunger, whereby improve the path to employment, by requiring DSS to define when someone is experiencing extreme food insecurity, develop a screening for counties and outreach partners to do which would identify when someone is likely too hungry to work, and thus trigger a review of “unfit for work,” in order to temporarily exempt them from the SNAP time limit.

ARGUMENTS IN OPPOSITION: The Department of Finance opposes the June 19, 2018 version of this bill because “the proposed food insecurity exemption to the ABAWD time limit will likely result in federal financial penalties.” According to DOF, “Although CalFresh benefits are fully federally funded, the federal government's only general exception to the ABAWD time limit is a statewide or local waiver for areas with high unemployment rates. Absent federal approval of the exemption required by this bill, the federal government will impose financial penalties, likely in the millions of dollars, on the state.”

ASSEMBLY FLOOR: 56-19, 5/29/18

AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Daly, Eggman, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Lackey, Levine, Limón, Low, Maienschein, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon

NOES: Travis Allen, Baker, Bigelow, Brough, Chen, Choi, Cunningham, Dahle, Flora, Fong, Gallagher, Harper, Kiley, Mathis, Melendez, Obernolte, Patterson, Voepel, Waldron

NO VOTE RECORDED: Acosta, Mayes, Steinorth

Prepared by:

8/18/18 13:49:53

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2152 (Weber) - CalFresh: able-bodied adults without dependents

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2152 would require the California Department of Social Services (CDSS) to establish a definition of “food insecurity” and develop a screening tool for food insecurity that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be evaluated to determine if they are unfit for employment and therefore exempt from the federal able-bodied adult without dependents (ABAWD) time limit. This bill would also require CDSS to issue guidance to county human services agencies verifying when a person is unfit for employment following a screening that has determined that he or she is food insecure or deprived of their basic needs.

Fiscal Impact:

• Likely less than $50,000 to CDSS to establish a new definition, develop a screening tool, and issue guidance to counties, should the new definition be federally approved.
• CalFresh benefits are 100% federally funded so there may be no cost to the state for benefits due to extended eligibility. Current CalFresh policy allows counties to maximize ABAWD time-limit exemptions to the extent permitted by federal law and guidance. If the United States Department of Agriculture Food and Nutrition Service approves “food insecurity” as an exemption defined under “obviously mentally or physically unfit for employment,” many ABAWDs would be expected to remain eligible for CalFresh for a longer period of time. However, though CalFresh benefits are federally funded, the federal government’s only current exception to the ABAWD time-limit is a statewide or local waiver for areas with high unemployment rates. Without the federal approval for a “food insecurity” exemption, the federal government will impose financial penalties on the state, likely in the millions of dollars, causing future cost pressure on the General Fund.

Background:

California provides nutritional benefits to approximately 4.4 million people through the CalFresh program. CalFresh benefits are funded entirely by the federal government through the USDA’s SNAP program, which provides food benefits to eligible households nationwide.

Federal law requires that California must have an E&T Program to assist recipients of CalFresh benefits in gaining skills, training, work, and experience that increases their ability to obtain regular employment. Federal law also restricts the amount of time that an ABAWD can receive SNAP benefits to three months during any three-year time period, unless they are working at least 20 hours per week. Counties have the discretion about whether to offer the program to non-assisted CalFresh clients, and counties that operate a CalFresh E&T program are now required to make the program voluntary for all participants who reside in a federally determined work surplus area (an area in which unemployment is higher than the national average).

The federal government provides for a waiver from the SNAP E&T work requirement under certain specified conditions including if an area is in a federally determined work surplus area. Under a waiver, ABAWDs are still subject to the same work requirements as other adults in CalFresh, but are no longer cut off from food aid if a job isn’t secured by the end of three months. California has been operating under a series of statewide waivers since October 1, 2008 and the extension of its current waiver is set to expire on August 31, 2018. CDSS has submitted a request for a waiver of the ABAWD time limit for all areas of the state except Santa Clara, San Mateo, and San Francisco counties which are no longer eligible due to low unemployment rates. This bill would require CDSS to work with stakeholders to develop a tool to determine if a person is unfit for employment, and therefore exempt from federal ABAWD time limits due to food insecurity.

Proposed Law:

This bill would establish the You Can’t Work If You’re Hungry Act of 2018. This Act would require CDSS, no later than July 1, 2019, in consultation with public health officials familiar with hunger and malnutrition among adults, county human services agencies, CalFresh advocates, and experts in job readiness, to establish a definition of “food insecurity,” develop a tool that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be further evaluated to determine if they are unfit for employment and therefore exempt from the federal ABAWD time-limit, and issue guidance to county human services agencies.

Related Legislation:

H.R. 2 (Conaway, 2018) makes changes to the existing ABAWD work requirements and would expand certain work rules to certain eligible populations. It is currently awaiting consideration in the U.S. House of Representatives.

H.R. 1276 (Adam, 2018) increases, at the federal level, the minimum SNAP benefit and would require the USDA to calculate benefits using a low-cost food plan. It is currently in the Subcommittee on Nutrition in the House Committee on Agriculture.

AB 563 (Arambula, Chapter 343, Statutes of 2017) included ABAWDs among the individuals who are deferred from mandatory participation in CalFresh E&T programs, among other things.

SB 904 (Hertzberg, 2016) would have required all eligible counties to be included in the annual federal waiver of ABAWD time limitations. It was held in the Senate Appropriations Committee.

H.R. 2642 (Lucas, P.L. 113-79, 2014) known as the Agriculture Reform and Risk Management Act of 2014, or Farm Bill, authorized nutrition and agriculture programs in the United States for the years of 2014 through 2018.

H.R. 2100 (de la Garza, P.L. 99-198, 1985) created the Food Security Act of 1985 which created the Food Stamp E&T Program, now known as SNAP E&T.

-- END --

SENATE COMMITTEE ON HUMAN SERVICES

Senator Wiener, Chair

2017 - 2018 Regular

Bill No: AB 2152

Subject: CalFresh: able-bodied adults without dependents.

SUMMARY

This bill requires the California Department of Social Services (CDSS), by July 1, 2019, to establish a definition of “food insecurity” and develop a tool that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be evaluated to determine if they are unfit for employment and therefore exempt from the federal able bodied adult without dependents (ABAWD) time limit. The bill also requires CDSS to issue guidance to county human services agencies on verifying when a person is unfit for employment following a screening that has determined that he or she is food insecure or deprived of their basic needs.

ABSTRACT

Existing law:

1. Establishes in federal law the Supplemental Nutrition Assistance Program (SNAP) within the US Department of Agriculture (USDA) to promote the general welfare and to safeguard the health and wellbeing of the nation’s population by raising the levels of nutrition among low-income households. It establishes SNAP income eligibility requirements, including income that is determined to be a substantial limiting factor in permitting a recipient to obtain a more nutritious diet. (7 CFR 271.1; 7 CFR 273.9)
2. Establishes the SNAP time limit for ABAWDs, which states that an individual is limited to receive SNAP for up to three months within a three year period, unless the individual has met certain work participation requirements, as specified. (7 CFR 273.24)
3. Provides exceptions to the ABAWD time limit, in that it does not apply to an individual if he or she is:
   1. Under 18 years of age or 50 years of age or older;
   2. Determined by the state agency (a county in California) to be medically certified as physically or mentally unfit for employment. An individual is medically certified as physically or mentally unfit for employment if he or she:

• Is receiving temporary or permanent disability benefits issued by governmental or private sources;
• Is obviously mentally or physically unfit for employment as determined by the state agency (a county in California); or
• If the unfitness is not obvious, provides a statement from a physician, physician's assistant, nurse, nurse practitioner, designated representative of the physician's office, a licensed or certified psychologist, a social worker, or any other medical personnel the state agency (a county in California) determines appropriate, that he or she is physically or mentally unfit for employment.
• Is a parent (natural, adoptive, or step) of a household member under age 18, even if the household member who is under 18 is not himself eligible for food stamps;
• Is residing in a household where a household member is under age 18, even if the household member who is under 18 is not himself eligible for food stamps;
• Is otherwise exempt from work requirements under federal regulations, a specified; or
• Is pregnant. (7 CFR 273.24 (c))

1. Permits the USDA to waive the applicability of the 3-month time limit for ABAWDs if the unemployment rate in the area in which the ABAWD resides is 10 percent or higher. (7 CFR 273.24 (6)(o))
2. Establishes in California statute the CalFresh program to administer the provisions of federal SNAP benefits to low-income families and individuals meeting specified criteria. (WIC 18900 et seq.)
3. Requires CDSS annually to seek a federal waiver to the three-month limit in a three-year period an ABAWD may receive SNAP benefits, unless that participant has met the work participation requirement or is otherwise exempt, to the extent permitted by federal law. Further requires that all eligible counties shall be included in and bound by the waiver. (WIC 18926)
4. Requires CDSS to ensure that all recipients subject to the federal ABAWD time limit, as specified, are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution if the county can verify the hours of participation, as specified. (WIC 18926.1)
5. Exempts ABAWDS who are homeless from the federal ABAWD time limit, to the extent not prohibited by federal law and guidance, and defines a recipient who is homeless to be is a person who does not have a regular nighttime residence. (WIC 18926.2)

This bill:

1. Provides that it shall be known, and may be cited as the You Can’t Work If You’re Hungry Act of 2018.
2. Requires CDSS, in consultation with public health officials familiar with hunger and malnutrition among adults, county human services agencies, CalFresh advocates, and experts in job readiness, to do the following no later than July 1, 2019:
3. Establish a definition of “food insecurity” and in doing so take into consideration the definition established by the USDA, Economic Research Service, as well as circumstances and conditions specific to California.
4. Develop a tool that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be further evaluated to determine if they are unfit for employment and therefore exempt from the federal ABAWD time limit.
5. Issue guidance to county human services agencies that includes a copy of the screening tool and instructions for verifying when a person is unfit for employment following a screening that has determined that he or she is food insecure or deprived of their basic needs.

FISCAL IMPACT

According to the Assembly Committee on Appropriations on May 16, 2018, this bill may result in the following costs:

1. No cost to the state for benefits due to extended eligibility because CalFresh benefits are 100 percent federally funded. Current CalFresh policy allows counties to maximize ABAWD time-limit exemptions to the extent permitted by federal law and guidance. If the USDA Food and Nutrition Service approves "food insecurity" as an exemption defined under "obviously mentally or physically unfit for employment," many ABAWDs would be expected to remain eligible for CalFresh for a longer period of time.
2. Minor costs to CDSS to establish a new definition and issue guidance to counties, should the new definition be federally approved.

BACKGROUND AND DISCUSSION

Purpose of the bill:

Federal law limits SNAP eligibility for childless unemployed and underemployed adults age 18-50 (except for those who are exempt) to three months out of every three years unless they are able to obtain and maintain an average of 20 hours a week of employment. According to the author, this time-limit is harsh and unfair. “Contrary to congressional rhetoric, being hungry doesn’t make you more likely to find a job, it actually makes it that much harder. AB 2152 requires the Department of Social Services to provide county human services instructions on how to screen people for hunger in order to determine whether they should be considered for an ‘unfit for work’ evaluation. Doing so appropriately recognizes that hunger is a liability for out-of-work Americans, and prevents chronic hunger from undermining their employability,” the author states.

CalFresh

The CalFresh program provides qualified low-income households with cards, similar to ATM cards, which are used to purchase food items to be prepared and consumed at home, as well as seeds and plants that can be grown at home to produce food. CalFresh is California’s version of the federal SNAP program. CalFresh benefits are 100 percent federally funded and national eligibility standards and benefit levels are established by the federal government. The program is administered by the CDSS at the state level. California’s 58 counties are responsible for administering the program at the local level.

To participate in CalFresh, households must meet defined income-eligibility standards. Depending on the households’ circumstances, the maximum gross income limit ranges between 100 and 200 percent of the federal poverty level (FPL). For most households, monthly gross income must be at or below 200 percent of FPL, which is $3,360 for a family of three. CalFresh benefit levels are based on the household size and income after certain deductions. The average monthly CalFresh benefit in FY 2016-17 is $293 per household and $140 per person.

Able Bodied Adults Without Dependents (ABAWDs)

According to federal SNAP rules, all recipients must meet work requirements unless they are exempt due to age, disability, or another specific reason, such as being unable to work due to physical or mental health reasons. There are special rules that apply to ABAWDs, who are between 18 and 49 years of age, have no dependents and are not disabled. ABAWDs can only receive SNAP (CalFresh in California) benefits for three months in three years unless they work at least 80 hours per month, participate in a qualifying education and training activity for at least 80 hours per month, or comply with a workfare program. ABAWDs can also satisfy these requirements by participating in CalFresh Employment and Training (E&T).

Due to high unemployment rates, California has been designated a work surplus area and therefore, has been operating with a waiver to the ABAWD rule since 2008. This allows ABAWDs to receive CalFresh benefits without being subject to the time limit and without fulfilling the work requirement rule, since 2008. The waiver is set to expire in on August 31, 2018. Therefore, CDSS has submitted a request for waiver of the ABAWD time limit for all areas of the state except Santa Clara, San Mateo and San Francisco counties, which are no longer eligible due to low unemployment rates in those counties.

If that request is approved, ABAWDs in Santa Clara, San Mateo and San Francisco will need to comply with federal work requirement rules or they will be subject to the three month within three years limit on food benefits. If it is not approved, the ABAWD rule will be applied throughout the state.

Federal Efforts at Reforming ABAWD Time limits

On April 12, 2018, the House Committee on Agriculture, introduced H.R. 2, which seeks to apply SNAP work requirements in the program to “work-capable” adults — aged 18 to 60, including for the first time adults aged 50–60 and adults with dependents aged 6 and above — who must work, participate in an employment and training program, or participate in a work program for 20 hours a week (in Fiscal Year 2021–025) and 25 hours per week (in Fiscal Year 2026 and thereafter) or lose SNAP eligibility. Individuals who do not meet the required weekly hours would have one month to comply or lose SNAP food benefits for 12 months. Subsequent failure to meet the weekly work-hours requirement would cause the recipient to lose SNAP food benefits for 36 months. The bill passed out of the House of Representatives on June 21, 2018 and is awaiting action by the Senate.

In addition to the introduction of H.R. 2, the USDA, on February 23, 2018, published an advanced notice of proposed rulemaking related to ABAWD time limits. Specifically, the notice seeks input on potential programmatic changes that may enable states to “accurately identify ABAWDs who may be subject to the time limit and providing meaningful opportunities for them to move toward self-sufficiency.” The USDA also intends to examine whether changes should be made to the existing waiver process that exempts ABAWDs from the time limit.

In a 2018 position paper on the weakening of protections for people subject to the ABAWD time limit, the Western Center on Law and Poverty, a sponsor of this bill, writes:

“For low-income Californians, both those who work and those who do not or cannot, SNAP offers an essential support, preventing hunger and malnutrition. For people looking for work, this access to food is essential, as hunger can easily undermine employment goals…For many SNAP recipients, receipt of hunger-fighting food benefits makes them eligible for the SNAP E&T program. SNAP E&T can help recipients reduce barriers to work, find employment, and even provides post-employment services to help workers be successful in a new job. However, the SNAP E&T programs are limited, do not have slots that open up fast enough to correspond with the recipient's time clock, and do not offer up front funds for transportation costs. However, for SNAP recipients who can access these programs, the services can be a lifeline. Cutting recipients off of aid, cuts them from the opportunity to work.”

Food Insecurity

The USDA Economic Research Service divides food insecurity into the following categories:

1. Low food security: includes reports of reduced quality, variety, or desirability of diet with little or no indication of reduced food intake; and
2. Very low food security: includes reports of multiple indications of disrupted eating patterns and reduced food intake.

This bill requires CDSS to work with specified stakeholders in order to establish a definition of “food insecurity” and, in doing so, take into consideration the USDA definition as well as circumstances and conditions specific to California. The bill also requires that CDSS develop a tool that would screen for food insecurity and other basic needs deprivation and that would help counties identify a person who should be further evaluated to determine if they are unfit for employment, and therefore exempt from federal ABAWD time limits.

Related legislation:

H.R. 2 (Conaway, 2018) makes changes to the existing ABAWD work requirements and would expand certain work rules to certain eligible populations. It is currently awaiting consideration in the U.S. Senate.

H.R. 1276 (Adam, 2018) increases, at the federal level, the minimum SNAP benefit and would require the USDA to calculate benefits using a low-cost food plan. It is currently in the Subcommittee on Nutrition in the House Committee on Agriculture.

AB 563 (Arambula, Chapter 343, Statutes of 2017) included ABAWDs among the individuals who are deferred from mandatory participation in CalFresh E&T programs, among other things.

SB 904 (Hertzberg, 2016) would have required all eligible counties to be included in the annual federal waiver of ABAWD time limitations. It was held in the Senate Appropriations Committee.

H.R. 2642 (Lucas, P.L. 113-79, 2014) known as the Agriculture Reform and Risk Management Act of 2014, or Farm Bill, authorized nutrition and agriculture programs in the United States for the years of 2014 through 2018.

H.R. 2100 (de la Garza, P.L. 99-198, 1985) created the Food Security Act of 1985 which created the Food Stamp E&T Program, now known as SNAP E&T.

PRIOR VOTES

POSITIONS

Support:

The Western Center on Law and Poverty (Co-Sponsor)

The Coalition of California Welfare Rights Organizations (Co-Sponsor)

The National Association of Social Workers

San Diego Hunger Advocacy Network

Feeding San Diego

Oppose:

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 2152

Author:(Weber)

As Amended Ver:April 30, 2018

Majority vote

SUMMARY: Establishes the You Can't Work If You're Hungry Act of 2018, which deems, to the extent permitted by federal law and guidance, a person "unfit for employment" for purposes of determining whether a person is exempt from the federal able-bodied adult without dependents (ABAWD) time limit if the person experiences food insecurity, and requires the Department of Social Services (DSS), by July 1, 2019, and in consultation with stakeholders, to establish a definition of food insecurity while taking into consideration the definition established by the United States (U.S.) Department of Agriculture (USDA) and to issue guidance to county human services agencies establishing the minimum number of days of food insecurity a person must experience in order to be considered "unfit for employment," and further, requires the guidance to include instructions for verifying when a person is "unfit for employment," as specified.

EXISTING LAW:

1. 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 certain criteria, as specified. (7 United States Code Section 2011 et seq., Welfare and Institutions Code Section (WIC) 18900 et seq.)
2. Establishes the Electronic Benefits Transfer (EBT) Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (WIC 10065 et seq.)
3. Establishes the SNAP time limit for an ABAWD, which states that an individual is limited to receive SNAP for up to three months within a three year period, unless the individual has met certain work participation requirements, as specified. (7 Code of Federal Regulations Section 273.24)
4. Requires DSS annually, to the extent permitted by federal law, to seek a federal SNAP waiver to the three-month limit in a three-year period of CalFresh benefits for an ABAWD, unless that participant has met the work participation requirement. (WIC 18926)

FISCAL EFFECT: According to the Assembly Appropriations on May 16, 2018, this bill may result in the following costs:

1. No cost to the state for benefits due to extended eligibility because CalFresh benefits are 100% federally funded. Current CalFresh policy allows counties to maximize ABAWD time-limit exemptions to the extent permitted by federal law and guidance. If the United States Department of Agriculture Food and Nutrition Service approves "food insecurity" as an exemption defined under "obviously mentally or physically unfit for employment," many ABAWDs would be expected to remain eligible for CalFresh for a longer period of time.
2. Minor costs to DSS to establish a new definition and issue guidance to counties, should the new definition be federally approved.

COMMENTS:

CalFresh: Funded entirely by the federal government through SNAP, CalFresh has eligibility requirements that are set by the USDA for SNAP programs across the country. These requirements include gross and net income tests, work requirements, and documentation requirements. While the maximum allowable gross income is 200% of the Federal Poverty Level (FPL), certain households, including those with elderly members or members who have disabilities, are not subject to gross income criteria. Instead, these households must have a net monthly income at or below 100% of the FPL. While federal, state, and county governments share in the administrative costs of CalFresh, the program is administered locally by county human services agencies. According to data provided by DSS, an average of 4.1 million Californians living in 2 million households received CalFresh benefits each month in federal fiscal year 2017.

Benefits are made available on a monthly basis for food purchase through an automated teller maching (ATM)-like electronic benefits (EBT) card. CalFresh benefits, unlike other types of benefits that may be accessed through an EBT card, cannot be withdrawn at point-of-sale (POS) terminals or at ATM machines. Only food items to be prepared and consumed at home, or seeds and plants that can be grown at home to produce food can be purchased using CalFresh benefits. The maximum monthly allotment for a three-person household, as of October 1, 2017, is $504, according to data provided by DSS.

Able Bodied Adults Without Dependents (ABAWDs): SNAP rules require all recipients to meet work requirements unless they are exempt due to age, disability, or another specific reason, such as being unable to work due to physical or mental health reasons. ABAWDs, who are individuals between 18 and 49 years of age, and have no dependents and are not disabled, are included among those individuals who are required to meet certain work requirements in order to receive benefits. Specifically, ABAWDs are subject to a specific time limit in which they can only receive SNAP for three months in three years if they do not meet special work requirements. In order to be eligible beyond this time limit, ABAWDs must work at least 80 hours per month, participate in a qualifying education and training activity for at least 80 hours per month, or comply with a workfare program. California currently holds an ABAWD exemption through August 2018 which allows ABAWDs to receive CalFresh benefits without being subject to the time limit and without fulfilling the work requirement rule. Later in 2018, however, when the ABAWD waiver expires, these individuals will need to comply with federal work requirement rules or be subject to the time limit.

On August 21, 2017, on behalf of the State of California, Karen Ross, Secretary of the California Department of Food and Agriculture, John Laird, Secretary of the California Natural Resources Agency, Matt Rodriguez, Secretary of the California Environmental Protection Agency, and Diana Dooley, Secretary of the California Health and Human Services Agency, submitted a letter to Pat Roberts and Mike Conway, Chairman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, and Chairman of the House Committee on Agriculture, respectively, and Debbie Stabenow and Collin Peterson, Ranking Members of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, and the House Committee on Agriculture, respectively, in which the authors strongly advocated on behalf of California that Congress repeal the three-month time limit on SNAP benefits for ABAWDs, among other recommendations related to California's agricultural industry and its importance to the nation's economy.

Federal efforts at reforming ABAWD time limits: On April 12, 2018, Representative K. Michael Conaway, chairman of the House Committee on Agriculture, introduced H.R. 2, which seeks to replace the existing three month time limit for ABAWDS with a one month time limit instead. The legislation also seeks to expand the existing work requirement for ABAWDs to all work registrants receiving SNAP benefits, with exemptions for certain populations, including individuals who are: living with physical or mental disabilities; responsible for a child under the age of six; or a student enrolled at least half time, among others. The bill is currently awaiting consideration in the U.S. House of Representatives.

In addition to the introduction of H.R. 2, the USDA Food and Nutrition Service (FNS), on February 23, 2018, published an advanced notice of proposed rulemaking related to ABAWD time limits. Specifically, the advanced notice of proposed rulemaking seeks to examine potential programmatic changes that may enable states to accurately identify ABAWDs who may be subject to the time limit. The USDA also intends to examine whether changes should be made to the existing waiver process that exempts ABAWDs from the time limit.

Food insecurity: The USDA Economic Research Service (ERS) currently divides food insecurity into the following two categories:

1. Low food security: includes reports of reduced quality, variety, or desirability of diet with little or no indication of reduced food intake; and
2. Very low food security: includes reports of multiple indications of disrupted eating patterns and reduced food intake.

The provisions of this bill seek to define an individual as "unfit for employment" if they experience food insecurity, as defined by the USDA ERS, in order to acknowledge the difficulty in obtaining and maintaining employment when one faces hunger and low food security.

In a 2018 position paper on the weakening of protections for people subject to the ABAWD time lime, the Western Center on Law and Poverty, a sponsor of this bill, writes:

For low-income Californians, both those who work and those who do not or cannot, SNAP offers an essential support, preventing hunger and malnutrition. For people looking for work, this access to food is essential, as hunger can easily undermine employment goals…For many SNAP recipients, receipt of hunger-fighting food benefits makes them eligible for the SNAP Employment & Training (ET) program. SNAP ET can help recipients reduce barriers to work, find employment, and even provides post-employment services to help workers be successful in a new job. However, the SNAP ET programs are limited, do not have slots that open up fast enough to correspond with the recipient's time clock, and do not offer up front funds for transportation costs. However, for SNAP recipients who can access these programs, the services can be a lifeline. Cutting recipients off of aid, cuts them from the opportunity to work.

Need for this bill: According to the author, "Contrary to Congressional rhetoric, being hungry doesn't make you more likely to find a job, it actually makes it that much harder. By requiring DSS to establish a hunger-threshold that would make someone considered 'unfit for work,' we will be giving counties the tools they need to provide the anti-hunger help for out-of-work Californians whose severe hunger is undermining their employability."

PRIOR LEGISLATION:

H.R. 2 (Conaway) of the current legislative session, makes changes to the existing ABAWD work requirements and would expand certain work rules to certain eligible populations. It is currently awaiting consideration in the U.S. House of Representatives.

AB 563 (Arambula), Chapter 343, Statutes of 2017, included ABAWDs among the individuals who are deferred from mandatory participation in CalFresh Employment and Training programs, among other things.

H.R. 1276 (Adams) of the current legislative session, would increase, at the federal level, the minimum SNAP benefit and would require the USDA to calculate benefits using a low-cost food plan. It is currently in the Subcommittee on Nutrition in the House Committee on Agriculture.

SB 904 (Hertzberg) of 2016, would have required all eligible counties to be included in the annual federal waiver of ABAWD time limitations. It was held in the Senate Appropriations Committee.

H.R. 2642 (Lucas), P.L. 113-79, 2014, known as the Agriculture Reform and Risk Management Act of 2014, or Farm Bill, authorized nutrition and agriculture programs in the United States for the years of 2014 through 2018.

H.R. 2100 (de la Garza), P.L. 99-198, 1985, created the Food Security Act of 1985 which created the Food Stamp Employment & Training Program, now known as SNAP E&T.

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0002956

Date of Hearing: May 16, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2152

Author:(Weber) – As Amended Ver:April 30, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires a person who experiences food insecurity, as defined by the Department of Social Services (DSS), to be deemed “unfit for employment” for purposes of determining whether a person is exempt from the federal able-bodied adult without dependents (ABAWD) time limit, to the extent permitted under federal law and guidance. Specifically, this bill:

1. Requires DSS, by July 1, 2019, in consultation with public health officials, county human services agencies, CalFresh advocates, and others, to do the following:
2. Establish a definition of “food insecurity,” for the purposes of this bill, taking into account both the federal definition and California-specific circumstances and conditions.
3. Issue guidance to county human services agencies on implementing the new definition.

FISCAL EFFECT:

1. CalFresh benefits are 100% federally funded so there is no cost to the state for benefits due to extended eligibility. Current CalFresh policy allows counties to maximize ABAWD time-limit exemptions to the extent permitted by federal law and guidance.  If the United States Department of Agriculture Food and Nutrition Service approves “food insecurity” as an exemption defined under “obviously mentally or physically unfit for employment,” many ABAWDs would be expected to remain eligible for CalFresh for a longer period of time. 
2. Minor costs to DSS to establish a new definition and issue guidance to counties, should the new definition be federally approved.

COMMENTS:

1. Purpose. This bill seeks to prevent hunger among ABAWDs by requiring DSS to define someone who is too hungry to work as “unfit for employment” to temporarily exempt them from food benefit time limits. According to the author:

Contrary to Congressional rhetoric, being hungry doesn’t make you more likely to find a job, it actually makes it that much harder. By requiring DSS to establish a hunger-threshold that would make someone considered ‘unfit for work,’ we will be giving counties the tools they need to provide the anti-hunger help for out-of-work Californians whose severe hunger is undermining their employability.

1. Background. The federal Supplemental Nutrition Assistance Program (SNAP), referred to as CalFresh in California, administers federal SNAP benefits to families and individuals meeting certain criteria. SNAP rules require all recipients to meet work requirements unless they are exempt due to age, disability, or another specific reason, such as being unable to work due to physical or mental health reasons.

ABAWDs are defined as individuals aged 18 to 49 years of age who have no dependents and are not disabled. ABAWDs are limited to receiving food benefits for just three months out of any 36 month period, unless they satisfy the 20-hours-per-week work requirement associated with this time limit.

Under SNAP regulations, a state qualifies for a 12-month statewide waiver of the time limit if the Department of Labor (DOL) data shows that there are insufficient jobs. Using this federal criterion, the USDA has waived California’s ABAWD time limit through September 2018. The state has requested a new federal waiver for all regions except Santa Clara, San Mateo, and San Francisco counties, which no longer qualify under the federal criteria. The waiver request is currently pending.

ABAWDS in the three counties that no longer qualify for a waiver, and statewide if the pending waiver is not renewed, will need to comply with federal work requirement rules or be subject to the three-month time limit.

According to the Center on Budget and Policy Priorities (CBPP), only about half of ABAWDs nationally have a high school diploma or the equivalent. Accordingly, the ABAWD population often faces significant barriers to work. However, unlike work requirements in other public assistance programs, states have no obligation under the SNAP time-limit rules to offer skills training, employment services, or transportation assistance to individuals before cutting them off food assistance. Advocates explain that as a result, most of these individuals are denied food help and go hungry, making it more difficult to find work, not less.

This bill seeks to extend food assistance to ABAWDS who face barriers to employment exacerbated by being hungry.

1. Federal efforts. On August 21, 2017, on behalf of the State of California, several state officials submitted a letter to relevant federal congressional committees urging Congress to repeal the three-month time limit on SNAP benefits for ABAWDs.

However, on April 12, 2018, Representative Conaway, chairman of the House Committee on Agriculture, introduced H.R. 2, which seeks to replace the existing three-month time limit for ABAWDS with a one-month time limit instead. The legislation also seeks to expand the existing work requirement for ABAWDs to all work registrants receiving SNAP benefits. The bill was referred to the House Committee on Agriculture on April 12^th where it is currently awaiting a hearing.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 24, 2018

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Blanca Rubio, Chair

ABPCA Bill Id:AB 2152 (

Author:Weber) – As Amended Ver:March 19, 2018

SUBJECT: CalFresh: able-bodied adults without dependents

SUMMARY: Establishes the You Can’t Work If You’re Hungry Act of 2018, which deems, to the extent permitted by federal law and guidance, a person “unfit for employment” for purposes of determining whether a person is exempt from the federal able-bodied adult without dependents (ABAWD) time limit if the person experiences food insecurity, as defined by the United States Department of Agriculture (USDA), and requires DSS, in consultation with stakeholders, to issue guidance to county human services agencies establishing the minimum number of days of food insecurity a person must experience in order to be considered “unfit for employment,” and further, requires the guidance to include instructions for verifying when a person is “unfit for employment.”

EXISTING LAW:

1. 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 certain criteria, as specified. (7 U.S.C. 2011 et seq., WIC 18900 et seq.)
2. Establishes the Electronic Benefits Transfer (EBT) Act, and defines the EBT system as the program designed to provide benefits to those eligible to receive public assistance benefits such as CalWORKs and CalFresh. (WIC 10065 et seq.)
3. Establishes the SNAP time limit for an able-bodied adult without dependents (ABAWD), which states that an individual is limited to receive SNAP for up to three months within a three year period, unless the individual has met certain work participation requirements, as specified. (7 CFR 273.24)
4. Requires the Department of Social Services (DSS) annually, to the extent permitted by federal law, to seek a federal SNAP waiver to the three-month limit in a three-year period of CalFresh benefits for an ABAWD, unless that participant has met the work participation requirement. (WIC 18926)

FISCAL EFFECT: Unknown.

COMMENTS:

CalFresh: Funded entirely by the federal government through SNAP, CalFresh has eligibility requirements that are set by the United States Department of Agriculture (USDA) for SNAP programs across the country. These requirements include gross and net income tests, work requirements, and documentation requirements. While the maximum allowable gross income is 200% of the Federal Poverty Level (FPL), certain households, including those with elderly members or members who have disabilities, are not subject to gross income criteria. Instead, these households must have a net monthly income at or below 100% of the FPL. While federal, state, and county governments share in the administrative costs of CalFresh, the program is administered locally by county human services agencies. According to data provided by DSS, an average of 4.1 million Californians living in 2 million households received CalFresh benefits each month in federal fiscal year 2017.

Benefits are made available on a monthly basis for food purchase through an ATM-like electronic benefits (EBT) card. CalFresh benefits, unlike other types of benefits that may be accessed through an EBT card, cannot be withdrawn at point-of-sale (POS) terminals or at ATM machines. Only food items to be prepared and consumed at home, or seeds and plants that can be grown at home to produce food can be purchased using CalFresh benefits. The maximum monthly allotment for a three-person household, as of October 1, 2017, is $504, according to data provided by DSS.

Able Bodied Adults Without Dependents (ABAWDs): SNAP rules require all recipients to meet work requirements unless they are exempt due to age, disability, or another specific reason, such as being unable to work due to physical or mental health reasons. ABAWDs, who are individuals between 18 and 49 years of age, and have no dependents and are not disabled, are included among those individuals who are required to meet certain work requirements in order to receive benefits. Specifically, ABAWDs are subject to a specific time limit in which they can only receive SNAP for three months in three years if they do not meet special work requirements. In order to be eligible beyond this time limit, ABAWDs must work at least 80 hours per month, participate in a qualifying education and training activity for at least 80 hours per month, or comply with a workfare program. California currently holds an ABAWD exemption through August 2018 which allows ABAWDs to receive CalFresh benefits without being subject to the time limit and without fulfilling the work requirement rule. Later in 2018, however, when the ABAWD waiver expires, these individuals will need to comply with federal work requirement rules or be subject to the time limit.

On August 21, 2017, on behalf of the State of California, Karen Ross, Secretary of the California Department of Food and Agriculture, John Laird, Secretary of the California Natural Resources Agency, Matt Rodriguez, Secretary of the California Environmental Protection Agency, and Diana Dooley, Secretary of the California Health and Human Services Agency, submitted a letter to Pat Roberts and Mike Conway, Chairman of the U.S. Senate Committee on Agriculture, Nutrition, and Forestry, and Chairman of the House Committee on Agriculture, respectively, and Debbie Stabenow and Collin Peterson, Ranking Members of the U.S. Senate Committee on Agriculture, Nutrition and Forestry, and the House Committee on Agriculture, respectively, in which the authors strongly advocated on behalf of California that Congress repeal the three-month time limit on SNAP benefits for ABAWDs, among other recommendations related to California’s agricultural industry and its importance to the nation’s economy.

Federal efforts at reforming ABAWD time limits: On April 12, 2018, Representative K. Michael Conaway, chairman of the House Committee on Agriculture, introduced H.R. 2, which seeks to replace the existing three month time limit for ABAWDS with a one month time limit instead. The legislation also seeks to expand the existing work requirement for ABAWDs to all work registrants receiving SNAP benefits, with exemptions for certain populations, including individuals who are: living with physical or mental disabilities; responsible for a child under the age of six; or a student enrolled at least half time, among others. The bill was referred to the House Committee on Agriculture on April 12^th where it is currently awaiting a hearing.

In addition to the introduction of H.R. 2, the USDA Food and Nutrition Service (FNS), on February 23, 2018, published an advanced notice of proposed rulemaking related to ABAWD time limits. Specifically, the advanced notice of proposed rulemaking seeks to examine potential programmatic changes that may enable states to accurately identify ABAWDs who may be subject to the time limit. The USDA also intends to examine whether changes should be made to the existing waiver process that exempts ABAWDs from the time limit.

Food insecurity: The USDA Economic Research Service (ERS) currently divides food insecurity into the following two categories:

• Low food security: includes reports of reduced quality, variety, or desirability of diet with little or no indication of reduced food intake; and
• Very low food security: includes reports of multiple indications of disrupted eating patterns and reduced food intake.

The provisions of this bill seek to define an individual as “unfit for employment” if they experience food insecurity, as defined by the USDA ERS, in order to acknowledge the difficulty in obtaining and maintaining employment when one faces hunger and low food security.

In a 2018 position paper on the weakening of protections for people subject to the ABAWD time lime, the Western Center on Law and Poverty, a sponsor of this bill, writes:

For low-income Californians, both those who work and those who do not or cannot, SNAP offers an essential support, preventing hunger and malnutrition. For people looking for work, this access to food is essential, as hunger can easily undermine employment goals…For many SNAP recipients, receipt of hunger-fighting food benefits makes them eligible for the SNAP Employment & Training (ET) program. SNAP ET can help recipients reduce barriers to work, find employment, and even provides post-employment services to help workers be successful in a new job. However, the SNAP ET programs are limited, do not have slots that open up fast enough to correspond with the recipient’s time clock, and do not offer up front funds for transportation costs. However, for SNAP recipients who can access these programs, the services can be a lifeline. Cutting recipients off of aid, cuts them from the opportunity to work.

Need for this bill: According to the author, “Contrary to Congressional rhetoric, being hungry doesn’t make you more likely to find a job, it actually makes it that much harder. By requiring DSS to establish a hunger-threshold that would make someone considered ‘unfit for work,’ we will be giving counties the tools they need to provide the anti-hunger help for out-of-work Californians whose severe hunger is undermining their employability.”

Suggested committee amendments: In order to ensure that the definition of “food insecurity” accurately captures individuals who face hunger as a barrier to obtaining employment, committee staff recommends the following amendments:

1. Beginning on line 5 on page 3 of the bill, make the following amendments:

P3    1

SEC. 2.   Section 18926.3 is added to the Welfare and Institutions

2

Code, to read:

3

18926.3.   (a) To the extent permitted by federal law and

4

guidance, a person who experiences food insecurity, as defined

5

by the United States Department of Agriculture, Economic

6

Research Service department pursuant to subdivision (b) of this Section, shall be considered “unfit for employment” for

7

purposes of determining whether a person is exempt from the

8

federal able-bodied adult without dependents (ABAWD) time limit

9

specified in Section 273.24 of Title 7 of the Code of Federal

10

Regulations.

11

(b) The department, in consultation with public health officials

12

familiar with hunger and malnutrition among adults, county human

13

services agencies, CalFresh advocates, and experts in job

14

readiness, no later than July 1, 2019, shall do all of the following:

1. Establish a definition of “food insecurity” for purposes of this section.
2. Issue guidance to county human services agencies that includes all of the following:
3. The minimum number of days of food insecurity that an individual must experience in order to be deemed “unfit for employment” pursuant to subdivision (a).
4. Instructions for verifying when a person is “unfit for employment” as a result of food insecurity.

15

establishing the minimum number of days of food insecurity that

16

is to be experienced by a person in order for the person to be

17

considered “unfit for employment” pursuant to subdivision (a).

18

The guidance shall include instructions for verifying when a person

19

is “unfit for employment” due to experiencing food insecurity.

PRIOR LEGISLATION:

H.R. 2 (Conaway), 2018, makes changes to the existing ABAWD work requirements and would expand certain work rules to certain eligible populations. It is currently in the House Committee on Agriculture.

AB 563 (Arambula), Chapter 343, Statutes of 2017, included ABAWDs among the individuals who are deferred from mandatory participation in CalFresh Employment and Training programs, among other things.

H.R. 1276 (Adams), 2017, would increase, at the federal level, the minimum SNAP benefit and would require the USDA to calculate benefits using a low-cost food plan. It is currently in the Subcommittee on Nutrition in the House Committee on Agriculture.

SB 904 (Hertzberg), 2016, would have required all eligible counties to be included in the annual federal waiver of ABAWD time limitations. It was held in the Senate Appropriations Committee.

H.R. 2642 (Lucas), P.L. 113-79, 2014, known as the Agriculture Reform and Risk Management Act of 2014, or Farm Bill, authorized nutrition and agriculture programs in the United States for the years of 2014 through 2018.

H.R. 2100 (de la Garza), P.L. 99-198, 1985, created the Food Security Act of 1985 which created the Food Stamp Employment & Training Program, now known as SNAP E&T.

REGISTERED SUPPORT / OPPOSITION:

Support

Western Center on Law and Poverty, sponsor

Feeding San Diego

St. Anthony Foundation in San Francisco

San Diego Hunger Coalition

Opposition

>

Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089