Existing law establishes various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, CalFresh, and the Medi-Cal 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.

This bill would require the State Department of Social Services to seek all available federal waivers and approvals to maximize food choices for CalFresh recipients, including hot and prepared foods ready for immediate consumption.

Existing law establishes various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, CalFresh, and the Medi-Cal 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.

This bill would require the State Department of Social Services to seek all available federal waivers and approvals to maximize food choices for CalFresh recipients, including hot and prepared foods ready for immediate consumption.

Existing law establishes various public social services programs, including, among others, the California Work Opportunity and Responsibility to Kids (CalWORKs) program, CalFresh, and the Medi-Cal program. Existing law defines public social services to mean activities and functions of state and local government administered or supervised by the State Department of Social Services or the State Department of Health Care Services and involved in providing aid or services, or both, to those people of the state who, because of their economic circumstances or social condition, are in need of and may benefit from the aid or services.

This bill would make technical, nonsubstantive changes to that provision.

 CONSENT  

Bill No: AB 712

Author: Wendy Carrillo (D)

Amended: 3/16/23 in Assembly

Vote: 21

SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/19/23

AYES: Alvarado-Gil, Ochoa Bogh, Hurtado, Menjivar, Wahab

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 66-0, 5/11/23 (Consent) - See last page for vote

SUBJECT: CalFresh: hot and prepared foods

SOURCE: California Association of Food Banks

GRACE/End Child Poverty in California

Hunger Action Los Angeles

DIGEST:

This bill declares the intent of the Legislature to maximize food access and food choices for CalFresh recipients, and requires the California Department of Social Services (CDSS) to seek all available federal waivers and approvals related to CalFresh to maximize food choices for recipients.

ANALYSIS:

Existing law:

1. Establishes, under federal law, the Supplemental Nutrition Assistance Program (SNAP) 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. (7 U.S. Code (USC) Section 2011 et seq.)
2. Establishes the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting specified criteria. (Welfare and Institutions Code (WIC) 18900 et seq.)
3. Defines eligible foods to include any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption; meals prepared and delivered by an authorized meal delivery service or meals served by an authorized communal dining facility for the elderly, Social Security Income households or both, to households eligible to use SNAP benefits for communal dining; among others, as specified. (7 Code of Federal Regulations 271.2)
4. Establishes the Restaurant Meals Program (RMP) under SNAP to allow eligible recipients who are experiencing homelessness, are elderly, or have a disability to purchase hot, prepared food from participating restaurants. (7 USC 2020, WIC 18919 et seq.)
5. Defines restaurant to include, but is not limited to, an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant. (WIC 18919(g))

This bill declares the intent of the Legislature to maximize food access and food choices for CalFresh recipients, and requires CDSS to seek all available federal waivers and approvals related to maximizing food choices for CalFresh recipients.

Background

Purpose of this bill. According to the author, “AB 712 would allow CalFresh recipients to purchase ready-to-eat hot and prepared food at grocery stores allowing for healthier food options for the 4.8 million Californians enrolled in the program, that’s 1 in 8 people, many of whom experience food insecurity. Example: a CalFresh recipient is able to buy a frozen chicken but not a rotisserie chicken, while at the same time an EBT card can be used at a fast food restaurant which increases obesity and creates other health problems. The Federal government allows for a waiver during declared emergencies, which was recently provided to California due to floods and extreme storms. AB712 would create a pathway for California to seek a permanent waiver and provide permanent healthier food choices for children and families.”

Food Insecurity in California. Food is a basic need and is becoming harder to obtain for more and more Californians. In 2020, the rate of food insecurity among Black households rose to 21.7% (3.63 million), and for Hispanic/Latinx households the rate rose to 17.2% (3.18 million). As of early 2022, one of every 10 adults in California report that they struggle to consistently put enough food on their table.

People who are food insecure are disproportionately affected by chronic diseases such as heart disease, obesity, diabetes, and high blood pressure. Not having enough healthy food can have serious impacts on a child’s physical and mental health, academic achievement, and future economic prosperity. Research shows an association between food insecurity and delayed development in young children; risk of chronic illnesses like asthma and anemia; and behavioral problems like hyperactivity, anxiety, and aggression in school-age children.

CalFresh. CalFresh, California’s version of federal SNAP benefits, provides monthly food benefits to qualified low-income individuals and families to assist with the purchase of the food they need to maintain adequate nutrition levels. CalFresh is the largest nutrition assistance program in California. During the 2021-22 fiscal year, over 4.6 million California residents, or one in eight people, benefitted from CalFresh.

CalFresh is administered by CDSS at the state level and counties at the local level. CalFresh benefits are federally funded, and national income eligibility standards and benefit levels are established by the federal government. Although benefits are federally funded, costs to administer the program are shared by state, county, and federal governments.

Restaurant Meals Program (RMP). For most recipients, federal SNAP rules limit the purchase of items with SNAP benefits to only non-prepared food items, such as breads, cereals, meats, fruits, and vegetables. Items such as any hot foods or foods that will be eaten in the store cannot be purchased using SNAP benefits.

The RMP was created to help expand access to food for people who are experiencing homelessness, elderly, or living with a disability who do not have a place to store and cook food. The RMP enables qualified SNAP recipients to purchase hot prepared food in authorized restaurants.

Seven states—Arizona, California, Illinois, Maryland, Michigan, Rhode Island, and Virginia—operate a RMP. As of September 1, 2021, AB 942 (Weber, Chapter 814, Statutes of 2019) required CDSS to establish a statewide RMP. According to CDSS, in July 2021, there were over 204,000 unique CalFresh clients making RMP purchases statewide.

U.S. Department of Agriculture (USDA) Disaster Assistance: Severe Storms. On January 23, 2023, the USDA Food and Nutrition Service (FNS) approved a waiver request by CDSS to allow CalFresh recipients in 26 counties to purchase hot foods with SNAP benefits through February 20, 2023, in response to power outages as a result of severe storms. The FNS has since approved seven additional waivers submitted by CDSS to allow the extended purchase of hot foods in specified counties.

This bill seeks to maximize food access and food choices for all CalFresh recipients by requiring CDSS to seek all available and necessary federal waivers and approvals, with the goal of including hot and prepared foods as an allowable use of CalFresh funds. This expands the RMP to all CalFresh recipients.

Related/Prior Legislation

AB 2100 (Carrillo, 2021) would have required CDSS to seek federal waivers to allow the CalFresh RMP to be expanded to serve all CalFresh recipients, not just adults aged 60 or older and their spouses, people with disabilities and their spouses, and people experiencing homelessness. The bill also would have expanded the eligible places a person could get food to include military commissaries and “locations within a grocery store where one can purchase ready-to-eat foods.” AB 2100 died on the suspense file in the Senate Appropriations Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 7/12/23)

California Association of Food Banks (co-source)

GRACE/End Child Poverty in California (co-source)

Hunger Action Los Angeles (co-source)

ACLU California Action

California Food and Farming Network

EdVoice

ETTA

Food Bank of Contra Costa and Solano

Hadassah

Jewish Family & Children's Service of Long Beach and Orange County

Jewish Family & Community Services East Bay

Jewish Family and Children's Services of San Francisco, the Peninsula, Marin and Sonoma Counties

Jewish Family Service of Los Angeles

Jewish Family Service of San Diego

Jewish Family Service of the Desert

Jewish Family Services of Silicon Valley

Jewish Federation of Greater Los Angeles

Jewish Federation of Greater Santa Barbara

Jewish Federation of the Greater San Gabriel and Pomona Valleys

Jewish Federation of the Sacramento Region

Jewish Long Beach

Jewish Public Affairs Committee

JVS SoCal

LA Care Health Plan

Los Angeles Regional Food Bank

Nourish California

Progressive Zionists of California

San Diego Food Bank

San Francisco-Marin Food Bank

Second Harvest Food Bank of Santa Cruz County

OPPOSITION: (Verified 7/12/23)

None received

ASSEMBLY FLOOR: 66-0, 5/11/23

AYES: Addis, Aguiar-Curry, Alanis, Bains, Bennett, Berman, Boerner, Bryan, Calderon, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, Mathis, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Weber, Wicks, Wilson, Zbur, Rendon

NO VOTE RECORDED: Alvarez, Arambula, Bauer-Kahan, Bonta, Juan Carrillo, Cervantes, Dixon, Hart, Lee, McCarty, Ortega, Jim Patterson, Ward, Wood

Prepared by: Diana Dominguez / HUMAN S. / (916) 651-1524

7/12/23 16:02:54

**** END ****

SENATE COMMITTEE ON HUMAN SERVICES

Senator Alvarado-Gil, Chair

2023 - 2024 Regular

Subject: CalFresh: hot and prepared foods

SUMMARY

This bill requires the California Department of Social Services (CDSS) to seek all available federal waivers and approvals related to CalFresh to maximize food choices for recipients.

ABSTRACT

Existing law:

1. Establishes under federal law the Supplemental Nutrition Assistance Program (SNAP) 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. (7 USC Section 2011 et seq.)
   
2. Establishes the CalFresh program to administer the provision of federal SNAP benefits to families and individuals meeting specified criteria. (WIC 18900 et seq.)
   
3. Defines eligible foods to include any food or food product intended for human consumption except alcoholic beverages, tobacco, and hot foods and hot food products prepared for immediate consumption; meals prepared and delivered by an authorized meal delivery service or meals served by an authorized communal dining facility for the elderly, Social Security Income households or both, to households eligible to use SNAP benefits for communal dining; among others, as specified. (7 CFR 271.2)
   
4. Establishes the Restaurant Meals Program (RMP) under SNAP to allow eligible recipients who are experiencing homelessness, are elderly, or have a disability to purchase hot, prepared food from participating restaurants. (7 USC 2020, WIC 18919 et seq.)
   
5. Defines restaurant to include, but is not limited to, an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant. WIC 18919(g))

This bill:

1. Declares the intent of the Legislature to maximize food access and food choices for CalFresh recipients, and finds many of the hungriest Californians who rely on CalFresh to eat face the most significant barriers, including but not limited to the lack of kitchen facilities or means of preparing and cooking meals with groceries which strains their ability to use traditional groceries to meet their needs.
   
2. Requires DSS to seek all available federal waivers and approvals related to maximizing food choices for CalFresh recipients, including to purchase hot foods or hot food products ready for immediate consumption.

FISCAL IMPACT

According to the Assembly Appropriations Committee, this bill has minor and absorbable costs to CDSS to seek federal waivers.

BACKGROUND AND DISCUSSION

Purpose of the bill:

According to the author, “AB 712 would allow CalFresh recipients to purchase ready-to-eat hot and prepared food at grocery stores allowing for healthier food options for the 4.8 million Californians enrolled in the program, that’s 1 in 8 people, many of whom experience food insecurity. Example: a CalFresh recipient is able to buy a frozen chicken but not a rotisserie chicken, while at the same time an EBT card can be used at a fast food restaurant which increases obesity and creates other health problems. The Federal government allows for a waiver during declared emergencies, which was recently provided to California due to floods and extreme storms. AB712 would create a pathway for California to seek a permanent waiver and provide permanent healthier food choices for children and families.”

Food Insecurity in California

Food is a basic need and, for more and more Californians, it is becoming harder to obtain. The combined effects of the COVID-19 pandemic, housing and food related inflation, the war in Ukraine, wildfires, and drought have had a great effect on food security across the state. In 2020, the overall rate of food insecurity remained steady nationally at about 10.5 percent of U.S. households. Yet, the rate of food insecurity among Black households rose to 21.7 percent (3.63 million), and for Hispanic/Latinx households the rate rose to 17.2 percent (3.18 million). This indicates that Black and Hispanic households were more heavily impacted by food insecurity in 2020 than other racial and ethnic groups.^[1] As of early 2022, one of every ten adults in California report that they struggle to consistently put enough food on their table.^[2]

People who are food insecure are disproportionately affected by chronic diseases such as heart disease, obesity, diabetes, and high blood pressure. Not having enough healthy food can have serious impacts on a child’s physical and mental health, academic achievement, and future economic prosperity. Research shows an association between food insecurity and delayed development in young children; risk of chronic illnesses like asthma and anemia; and behavioral problems like hyperactivity, anxiety, and aggression in school-age children.

CalFresh

CalFresh, California’s version of federal SNAP benefits, provides monthly food benefits to qualified low-income individuals and families to assist with the purchase of the food they need to maintain adequate nutrition levels. CalFresh is the largest nutrition assistance program in California. During fiscal year (FY) 2021-22, 4,627,700 California residents, or one in eight people, benefitted from CalFresh.^[3]

The program is administered by CDSS at the state level and California’s 58 counties are responsible for administering CalFresh at the local level. CalFresh benefits are federally funded and national income eligibility standards and benefit levels are established by the federal government. Although benefits are federally funded, costs to administer the program are shared by state, county, and federal governments.

California determines CalFresh eligibility by checking whether the applicant’s gross monthly income is 200 percent of the federal poverty level (FPL) or less for their household size. That means for a household of three in California, the maximum gross monthly income for CalFresh eligibility is $3,840. For a household of one in California, the maximum gross monthly income for CalFresh eligibility is $2,266.^[4] Households with seniors or disabled members are not subject to the gross income criteria; however, their net monthly income must be 100 percent of FPL or below.

The benefit amount a household may receive is dependent upon various circumstances such as household size, countable income, and monthly household expenses. Benefits are made available to recipients on an EBT card, which is similar to an automated teller machine card and allows an individual to purchase food at point-of-sale devices in stores and farmers’ markets. As a result of the federal Families First Coronavirus Response Act (FFCRA), all CalFresh recipients received the maximum allowable benefit amount based on household size during the federal COVID-19 public health emergency declaration. The COVID-19 public health emergency declaration ended on May 11, 2023.

Restaurant Meals Program (RMP)

For most recipients, federal SNAP rules limit the purchase of items with SNAP benefits to only non-prepared food items, such as breads, cereals, meats, fruits, vegetables, and seeds or plants that a household can grow in order to produce food. Non-food items such as pet food and soap, as well as any hot foods or foods that will be eaten in the store cannot be purchased using SNAP benefits. A growing number of advocates and academics have warned that many Americans “no longer have the time, skills, resources or physical ability to prepare the kinds of recipes” envisioned at the launch of the nutrition assistance program.^[5]

The RMP was created to help expand access to food for people who are experiencing homelessness, elderly, or living with a disability who do not have a place to store and cook food. The RMP enables qualified SNAP recipients to purchase hot prepared food in authorized restaurants.

Seven states—Arizona, California, Illinois, Maryland, Michigan, Rhode Island, and Virginia—operate a RMP. The California RMP was previously offered as a county option. However, as of September 1, 2021, Assembly Bill 942 (Weber, Chapter 814, Statutes of 2019) required CDSS to expand the RMP statewide, with CDSS administering the RMP in counties that choose to opt-out of running the program locally.

Furthermore, federal law requires each participating restaurant to sign a memorandum of understanding (MOU) and complete a federal certification process, which requires a restaurant to:

• Be willing to welcome all those eligible for the RMP, meaning a restaurant cannot serve elderly CalFresh recipients and refuse to also serve CalFresh recipients who are experiencing homelessness or have a disability;
• Offer a low-cost menu for program participants and agree to SNAP rules prohibiting the charge of a sales tax, meal tax, or gratuities on prepared foods purchased with EBT; and
• Agree to post signage stating: EBT or California Advantage Cards Accepted Here.

RMP eligible populations include CalFresh recipients who are: adults aged 60 or older and their spouses, people with disabilities and their spouses, and people experiencing homelessness. According to CDSS, in July 2021, there were 204,772 unique CalFresh clients making RMP purchases statewide. As of June 2022, there were 2,358 restaurants that are federally authorized to participate in California’s RMP.

U.S. Department of Agriculture (USDA) Disaster Assistance: Severe Storms

On January 23, 2023, the USDA Food and Nutrition Service (FNS) approved a request by CDSS to waive the statutory definition of “food” under the Food and Nutrition Act of 2008 to allow CalFresh recipients in 26 counties to purchase hot foods with SNAP benefits through February 20, 2023, in response to power outages as a result of severe storms. The FNS has since approved seven additional waivers submitted by CDSS to allow the extended purchase of hot foods in specified counties. The most recent waiver was approved on June 2 for seven counties and expires on June 23, 2023.^[6]

This bill seeks to maximize food access and food choices for all CalFresh recipients by requiring CDSS to seek all available and necessary federal waivers and approvals, with the goal of including hot and prepared foods as an allowable use of CalFresh funds. This would effectively expand the RMP to all CalFresh recipients.

Related legislation:

AB 2100 (Carrillo, 2021) would have required CDSS to seek federal waivers to allow the CalFresh Restaurant Meal Program (RMP) to be expanded to serve all CalFresh recipients, not just adults aged 60 or older and their spouses, people with disabilities and their spouses, and people experiencing homelessness. This bill would also have expanded the eligible places a person could get food to include military commissaries and “locations within a grocery store where one can purchase ready-to-eat foods.” AB 2100 was held in Senate Appropriations.

COMMENTS

At this time, no other state has expanded their RMP to all SNAP beneficiaries. It is thus unclear whether the USDA will grant California the necessary waiver to extend RMP to all recipients outside of temporary emergency declaration assistance. As noted by the author, these changes would benefit CalFresh recipients by better acknowledging and accommodating the day-to-day realities of low income, food insecure families. Although the timeline for implementation and ability to gain necessary federal approval are uncertain, exploring the possibilities of expanded CalFresh food purchase options seems to be a worthwhile pursuit.

PRIOR VOTES

POSITIONS

Support:

California Association of Food Banks (Co-Sponsor)

GRACE/End Child Poverty CA (Co-Sponsor)

Hunger Action Los Angeles (Co-Sponsor)

ACLU California Action

California Food and Farming Network

Edvoice

Etta

Hadassah

Jewish Center for Justice

Jewish Community Relations Council of Sacramento

Jewish Community Relations Council of Silicon Valley

Jewish Democratic Club of Silicon Valley

Jewish Democratic Club of Solano County

Jewish Family & Children's Service of Long Beach and Orange County

Jewish Family & Community Services East Bay

Jewish Family and Children's Services of San Francisco, the Peninsula, Marin and Sonoma Counties

Jewish Family Service of Los Angeles

Jewish Family Service of The Desert

Jewish Family Service San Diego

Jewish Family Services of Silicon Valley

Jewish Federation of Greater Los Angeles, the

Jewish Federation of Greater Santa Barbara

Jewish Federation of The Greater San Gabriel and Pomona Valleys

Jewish Federation of The Sacramento Region

Jewish Long Beach

Jewish Public Affairs Committee

Jvs Socal

LA Care Health Plan

Progressive Zionists of California

Oppose:

None received

-- END --

1. https://www.ers.usda.gov/topics/food-nutrition-assistance/food-security-in-the-u-s/key-statistics-graphics/ ↑

2. https://www.census.gov/data-tools/demo/hhp/#/?measures=FOODSCARCE&periodSelector=41&s_state=00006 ↑

3. https://www.cbpp.org/sites/default/files/atoms/files/snap_factsheet_california.pdf ↑

4. https://www.cdss.ca.gov/inforesources/cdss-programs/calfresh/eligibility-and-issuance-requirements ↑

5. https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2022/01/04/more-americans-can-use-food-stamps-for-restaurants-prepared-meals ↑

6. https://www.fns.usda.gov/disaster/california-disaster-nutrition-assistance ↑

Date of Hearing: May 3, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 712

Author:(Wendy Carrillo) – As Amended Ver:March 16, 2023

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

SUMMARY:

This bill requires the California Department of Social Services (CDSS) to seek all available federal waivers and approvals necessary to maximize food choices for CalFresh recipients under federal law and guidance, including to purchase hot foods or hot food products ready for immediate consumption.

FISCAL EFFECT:

Minor and absorbable costs to CDSS to seek federal waivers.

COMMENTS:

1. Purpose. The author of this bill seeks to decrease food insecurity by requiring CDSS to seek federal approval to allow access to hot food choices for all CalFresh recipients. According to the author:

[This bill] would allow CalFresh recipients to purchase ready-to-eat hot and prepared food at grocery stores allowing for healthier food options for the 4.8 million Californians enrolled in the program. That’s 1 in 8 people, many of whom experience food insecurity. The federal government allows for a waiver during declared emergencies, which was recently provided to California due to floods and extreme storms. [This bill] would create a pathway for California to seek a permanent waiver and provide permanent, healthier food choices for children and families.

1. Food Insecurity in California. According to the United States Census Bureau, one of every 10 California adults report struggling with food insecurity. The California Association of Food Banks defines “food insecurity” as the occasional or constant lack of access to the food one needs for a healthy, active life; it is impacted by various factors, including access to healthy foods, the price of food and the ability to store and prepare food. Data show the number of Californians experiencing food insecurity is almost 2.5 times higher than before the COVID-19 pandemic.
2. CalFresh. The CalFresh program is California’s version of the federal Supplemental Nutrition Assistance Program (SNAP), which provides monthly food assistance to qualifying low‑income households. CalFresh benefits are federally funded and national income eligibility standards and benefit levels are established by the federal government. Costs to administer the program are shared among the federal government, the state and counties. On average, an individual receives approximately $262 per month. ($196 per month after all pandemic benefits expire). Families receive more depending on income and household size. As of January 2023, there were over 5.3 million individuals receiving CalFresh.
3. Restaurant Meals Program (RMP). Under SNAP rules, CalFresh recipients are limited to purchasing only non-prepared food items. However, due to lack of necessary facilities or limited physical abilities, eligible recipients who are homeless, elderly or have disabilities may have difficulty preparing their own meals. In recognition of this, SNAP allows states the option offer an RMP, which allows elderly, disabled or homeless SNAP recipients to purchase hot, prepared food in authorized restaurants and facilities.

In California, the RMP began in 2003 as a pilot program and expanded over time to include 18 counties. In 2018, CDSS entered into an agreement with California State University (CSU) to allow CSU campuses to participate in the RMP even if the local county had not opted in. AB 942 (Weber), Chapter 814, Statues of 2019, expanded the RMP pilot to a statewide program.

Eligibility rules for programs funded through SNAP are set at the federal level and various changes to the CalFresh program, including changes to the RMP are based on federal approval. This bill requires CDSS to seek all available federal waivers necessary to maximize food choices for CalFresh recipients, including to purchase hot foods or hot food products ready for immediate consumption.

1. Prior Legislation. AB 2100 (Carrillo), of the 2021-22 Legislative Session, sought to expand the RMP to all CalFresh recipients and would have required CDSS to seek all necessary waivers from the USDA to implement the expansion. AB 2100 also would have expanded the definition of “restaurant” to include a location within a grocery store where one can purchase ready-to-eat foods, as well as military commissaries. AB 2100 was held in the Senate Appropriations Committee.

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

Date of Hearing: April 18, 2023

ASSEMBLY COMMITTEE ON HUMAN SERVICES

Corey A. Jackson, Chair

ABPCA Bill Id:AB 712 (

Author:Wendy Carrillo) – As Amended Ver:March 16, 2023

SUBJECT: CalFresh: hot and prepared foods

SUMMARY: Requires the California Department of Social Services (CDSS) to seek all available federal waivers and approvals necessary to maximize food choices for CalFresh recipients under federal law and guidance, including to purchase hot foods or hot food products ready for immediate consumption.

EXISTING LAW:

1. Establishes under federal law the “Supplemental Nutrition Assistance Program” (SNAP) pursuant to the Food Stamp Act of 1964. (7 United States Code [USC] Section 2011 et seq.)
2. Establishes the “CalFresh” program to administer the provision of federal SNAP benefits to families and individuals meeting certain criteria, as specified. (Welfare and Institutions Code Section [WIC] 18900 et seq.)
3. Defines “eligible food” as: any food or food product intended for human consumption, except alcoholic beverages, tobacco, hot foods and hot food products prepared for immediate consumption; seeds and plants to grow foods for the personal consumption of eligible households; meals prepared and delivered by an authorized meal delivery services to households eligible to use SNAP benefits to purchase delivered meals, or meals served by an authorized communal dining facility for the elderly, for Social Security Income households or both, to households eligible to use SNAP benefits for communal dining, among others, as specified. (7 Code of Federal Regulations 271.2)
4. Establishes the “Restaurant Meals Program” (RMP) under SNAP to allow eligible recipients who are experiencing homelessness, are elderly, or have a disability to purchase hot, prepared food from participating restaurants. (7 USC 2020, WIC 18919 et seq.)
5. Specifies “restaurant” includes, but is not limited to, an on-campus qualifying food facility, an eat-in establishment, a grocery store delicatessen, and a takeaway-only restaurant (WIC 18919(g))

FISCAL EFFECT: Unknown, this bill has not been analyzed by a fiscal committee.

COMMENTS:

Background: Food insecurity in California. “Food insecurity” is defined as the occasional or constant lack of access to the food that one needs in order to live a healthy, active life. Food insecurity can be impacted by a number of factors, including access to local healthy foods, the price of food, and the ability to store and prepare food. For individuals who face food insecurity, the choice is often between nurturing their physical health or maintaining other aspects of their lives, such as purchasing necessary medications or paying rent to maintain housing. A key federal program aimed at addressing food insecurity is SNAP; in California, SNAP is referred to as CalFresh.

The primary goal of CalFresh is to provide food access to low-income individuals who meet certain eligibility criteria. CalFresh benefits are federally funded, and administration at the federal level lies with the United States Department of Agriculture (USDA); as such, it is the responsibility of the USDA to set specific eligibility requirements for SNAP programs across the country in addition to the gross and net income tests, work requirements, and other documentation requirements that is prescribed by the USDA. Currently, the maximum allowable gross income is 200% of the Federal Poverty Level, although households with elderly members or members with disabilities are not subject to gross income criteria. Effective October 1, 2022, through September 30, 2023, the maximum annual gross income for a household size of three is $46,080.

Restaurant Meals Program. Federal SNAP rules prohibit the purchase of certain items, such as alcohol, vitamins and medicines, pet foods, food that will be eaten in the store, and hot foods. The RMP is a state option that permits certain CalFresh recipients who may not have the ability to prepare meals for themselves to purchase ready-to-eat food. To be eligible for the RMP, an individual must be an adult age 60 or older, have a disability, or be experiencing homelessness. Since implementing the RMP, California has taken several steps to remove barriers to the RMP:

• AB 1894 (Weber), Chapter 746, Statutes of 2018, changed the RMP provisions for higher education institutions and allowed CDSS to enter into an agreement with a California State University (CSU) to provide benefits on campus even if the local county had not opted in.
• AB 942 (Weber), Chapter 814, Statutes of 2019, required that the state implement RMP as a statewide program, and as a result, restaurant vendors who are federally approved may participate in RMP within all 58 counties.
• AB 612 (Weber), Chapter 804, Statutes of 2019, allowed CDSS to enter into an agreement with the Chancellor of the California Community Colleges (CCCs) in order to allow any qualifying food facility located on a CCC campus to participate in the RMP, even if the CCC campus is located in a county that does not participate in the RMP.

In 2022, AB 2100 (Carrillo) sought to expand the RMP to all CalFresh recipients, to the extent permitted by federal law, and, further, would have required CDSS to seek all necessary waivers from the USDA to implement the expansion of the RMP. AB 2100 also would have expanded the definition of “restaurant” to include a location within a grocery store where one can purchase ready-to-eat foods, as well as military commissaries.

CalFresh flexibility in response to natural disasters. On January 8, 2023, President Biden issued a major disaster declaration due to severe winter storms, power outages, and flooding in California that began on December 27, 2022. As a result of these storms, many impacted residents were forced to evacuate to temporary housing arrangements and shelters; as such, many residents lost the ability to store food and lost access to cooking facilities. On January 27, 2023, CDSS submitted a request to the USDA to amend the federal definition of “food” to permit impacted residents to purchase hot foods. On January 27, 2023, the USDA approved the request and permitted residents in the counties of Merced, Monterey, Sacramento, San Luis Obispo, San Joaquin, Santa Barbara, Santa Cruz, Alameda, Alpine, Amador, Contra Costa, El Dorado, Fresno, Kern, Kings, Madera, Mariposa, Placer, San Benito, Santa Clara, San Francisco, Solano, Stanislaus, Sutter, Tuolumne, Ventura, and Yolo to temporarily purchase hot foods until February 20, 2023. The flexibility was later expanded to include the counties of Glenn, Humboldt, Lake, Los Angeles, Mendocino, Sonoma, Tehama, and Trinity.

White House Conference on Hunger, Nutrition, and Health. On September 28, 2022, the Biden Administration hosted the White House Conference on Hunger, Nutrition, and Health in order to determine a coordinated strategy to accelerate progress in ending hunger, improving nutrition and physical activities, and end the disparities surrounding them. The conference was based on five pillars aimed at identifying actions that local, state, and federal government, nonprofit and community groups, and private companies can take. The pillars included:

• Improve food access and affordability;
• Integrate nutrition and health;
• Empower all consumers to make and have access to healthy choices;
• Support physical activity for all; and,
• Enhance nutrition and security research.

The provisions of this bill seek to build upon the pillars of the White House Conference on Hunger, Nutrition, and Health, as well as the temporary flexibility afforded to California counties amidst severe winter storms, and would require CDSS to seek all available federal waivers and approvals necessary to maximize food choices for CalFresh recipients, including the ability to purchase hot foods or hot food products ready for immediate consumption.

Author’s Statement: According to the author, “[This bill] would allow CalFresh recipients to purchase ready-to-eat hot and prepared food at grocery stores allowing for healthier food options for the 4.8 million Californians enrolled in the program. That’s 1 in 8 people, many of whom experience food insecurity. For example, a CalFresh recipient is able to buy a frozen chicken, but not a rotisserie chicken, while at the same time, an EBT card can be used at a fast food restaurant which increases obesity and creates other health problems. The federal government allows for a waiver during declared emergencies, which was recently provided to California due to floods and extreme storms. [This bill] would create a pathway for California to seek a permanent waiver and provide permanent, healthier food choices for children and families.”

Need for this bill: The provisions of this bill seek to maximize food access for all CalFresh recipients, not just those who are currently able to purchase hot and prepared foods due to their eligibility for the RMP. Specifically, this bill would require CDSS to seek all available federal waivers and approvals that would permit CalFresh recipients to purchase hot foods or hot food products ready for immediate consumption. Through these waivers, CalFresh recipients in California may experience decreased food insecurity by increasing the options available to CalFresh recipients for purchase.

Equity Implications: In order to qualify for CalFresh benefits, household gross annual income may not exceed 200% of the FPL; a household of three may not earn more than $46,080 annually. As a result, CalFresh serves low-income Californians who rely on food supports to meet their nutritional needs. For vulnerable populations, such as older adults, individuals with disabilities, and individuals experiencing homelessness, the RMP provides flexibility to account for the fact that these populations may not have the ability to prepare food, or may not have access to the necessary equipment to prepare food. However, for many CalFresh recipients who do not meet the criteria to utilize the RMP, the lack of flexibility to purchase hot and prepared foods can pose a barrier to individuals who may not have the time necessary to purchase ingredients and prepare meals, particularly when those individuals may work multiple jobs to make ends meet.

Originally, limits were placed on the way food benefits could be used in order to ensure recipients were purchasing and preparing healthy, nutritious foods. By restricting the ability to purchase hot and prepared foods, SNAP guidelines sought to prevent benefits recipients from using benefits at fast food restaurants. However, the way in which Americans purchase and eat foods has evolved since SNAP guidelines were originally adopted. For example, many grocery stores provide ready to eat/heat meals that provide adequate nutrition for individuals who may not have time to prepare an entire meal; individuals who may have a quick, thirty-minute lunch break, or employees who are on their way to or from work. Under existing CalFresh rules, these individuals may not purchase a prepared sandwich or prepackaged salad unless they meet the eligibility criteria for the RMP.

The provisions of this bill seek to ensure equity within the CalFresh program by ensuring all CalFresh recipients have access to modern convenience that still meet a person’s nutritional needs.

Policy Considerations: While the recent waiver permitting CalFresh recipients in eligible counties to purchase hot and prepared foods was approved due to winter storms and the related disasters, it is unclear whether there are additional existing federal waivers that would permit this flexibility in an ongoing manner. Because the provisions of this bill would require CDSS to seek all available federal waivers, it is unclear what specific waivers the provisions of this bill would require CDSS to seek. Should this bill move forward, the author may wish to consider amending the bill to require CDSS to apply for a permanent, ongoing waiver until such a time that federal law permits all CalFresh recipients to purchase hot and prepared foods.

RELATED AND PRIOR LEGISLATION:

AB 2100 (Carrillo) of 2022, would have required CDSS to apply for federal waivers, and, if granted, expand the RMP to include all CalFresh recipients. The bill also would have expanded the locations where CalFresh benefits under the RMP could be used. AB 2100 was held in the Senate Appropriations Committee.

AB 942 (Weber), Chapter 814, Statutes of 2019, establishes the "Access to Safe Food Choices and Food Security Act of 2019" to establish a statewide RMP, as specified.

AB 612 (Weber), Chapter 804, Statutes of 2019, allows CDSS to enter into an agreement with the Chancellor of the California Community Colleges (CCCs) in order to allow any qualifying food facility located on a CCC campus to participate in the RMP, even if the CCC campus is located in a county that does not participate in the RMP.

AB 1894 (Weber), Chapter 746, Statutes of 2018, allowed CDSS to enter into a memorandum of understanding with the CSU Chancellor in order to allow any qualifying food facility located on a CSU campus to participate in the RMP, even if the CSU campus is located in a county that does not participate in the RMP.

AB 282 (Wiener), Chapter 355, Statutes of 2017, required CDSS to communicate with counties regarding how to participate in the RMP, among other things.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Food Banks (Co-Sponsor)

GRACE Institute - End Child Poverty in CA (Co-Sponsor)

Hunger Action LA (Co-Sponsor)

California Food and Farming Network

Central California Food Bank

Community Action Partnership of Orange County

County Welfare Directors Association of California (CWDA)

EdVoice

Food Bank Coalition of San Luis Obispo County

Food for People, the Food Bank for Humboldt County

Food Share

GLIDE

Kipp SoCal Public Schools

Law Foundation of Silicon Valley

Los Angeles Regional Food Bank

Polo's Pantry

Sacramento Food Bank & Family Services

San Diego Hunger Coalition

San Francisco-Marin Food Bank

Second Harvest Food Bank of Orange County

Second Harvest of Silicon Valley

Yolo Food Bank

Opposition

None on file

Analysis Prepared by: Alexandria Smith / HUM. S. / (916) 319-2089