SB 926: CalWORKs and CalFresh: work requirements.

Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families and individuals. Existing law generally requires a recipient of CalWORKs benefits to participate in welfare-to-work activities as a condition of eligibility for aid. Existing law prohibits sanctions from being applied for a failure or refusal to comply with program requirements if, among other reasons, the employment, offer of employment, activity, or other training for employment discriminates on specified bases or involves conditions that are in violation of applicable health and safety standards, or the employment or offer of employment exceeds the daily or weekly hours of work customary to the occupation.

This bill would additionally prohibit sanctions from being applied for a failure or refusal to comply with program requirements if the recipient provides documentation that the anticipated hours would be so unpredictable for that specific recipient that they would not allow the recipient to anticipate compliance with program requirements related to the job, or if the recipient provides documentation that the scheduled hours exhibit a pattern of unpredictability for that specific recipient so that he or she cannot anticipate compliance with program requirements related to the job. The bill would also prohibit sanctions from being applied if the recipient self-certifies that the employment or offer of employment fails to comply with the Healthy Workplaces, Healthy Families Act of 2014, that his or her rights under the New Parent Leave Act, the Wage Theft Prevention Act of 2011, or the Domestic Worker Bill of Rights were violated, or that he or she experienced sexual harassment or other abusive conduct at the workplace. The bill would require the county human services agency, when an applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, to provide the applicant or recipient with information regarding workplace rights generally, as specified, and would require the State Department of Social Services to convene stakeholders to develop instructions for county human services agencies on how to best inform applicants and recipients of aid of those rights and remedies, and how to document self-certification, as specified. By increasing the duties of local officials, the bill would impose a state-mandated local program.

Existing federal law provides for the federal Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county. Existing federal law, as a condition of eligibility for CalFresh, requires a household member who is not exempt to comply with specified work requirements, including the requirement that a member does not voluntarily and without good cause quit a job of 30 or more hours a week or reduce work effort less than 30 hours a week. Existing federal law defines good cause to include, among other things, circumstances beyond a members control, resigning from a job that is unsuitable, and discrimination by an employer based on age, race, sex, color, handicap, religious beliefs, national origin, or political beliefs.

This bill would, to the extent permitted by federal law, regulation, or waiver thereof, require that good cause exists for purposes of the above-mentioned work requirement if an applicant for, or recipient of, CalFresh benefits has voluntarily quit a job or reduced work hours based on at least one of the above-mentioned reasons for which welfare-to-work sanctions for a recipient of CalWORKs benefits shall not be applied, or because the scheduled work hours were so unpredictable that they did not allow the applicant or recipient to anticipate the amount of monthly income from the job. When the applicant or recipient reports refusing any offer of employment, reducing hours, voluntarily quitting any employment, or being discharged from any employment, the bill would require the county human services agency to provide the applicant or recipient with information regarding workplace rights generally, as specified. By increasing the duties of local officials, the bill would impose a state-mandated local program.

The bill would authorize the State Department of Social Services to implement these provisions through an all-county letter or similar instruction from the Director of Social Services, until regulations are adopted on or before October 1, 2020. The bill would require the all-county letter, or similar instruction, or regulation to provide, among other things, that an applicant or recipient of CalFresh or CalWORKs is authorized to self-certify under penalty of perjury that specified reasons qualify for a good cause exemption or a relief from sanction. By expanding the crime of perjury, the bill would impose a state-mandated local program.

Existing law continuously appropriates moneys from the General Fund to defray a portion of county costs under the CalWORKs program.

This bill would provide that the continuous appropriation would not be made for purposes of implementing the bill.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.